Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.
WHY WE COLLECT YOUR INFORMATION?
Below are examples of how data we collect, use, and share helps us create a better, safer experience on our website.
- Providing products and services that enhance your shopping experience with us.
- Developing new products and services to meet your needs.
- Better understanding your use of our products, services, and websites
- Determining your satisfaction with our programs and services
- Handling customer service cases
- Sending relevant information and personalized ads and other communications, including ways to save on items you buy most often or that you might like based on your past behavior.
- Providing personalized content and experiences on our websites, and mail
- Displaying personalized offers, information, and ads from Peta2z® or our marketing partners.
- Responding to your comments, requests, questions, and applications for career opportunities
- Processing payments securely.
- Fulfilling orders correctly.
- Safeguarding the property or other rights of our customers, associates and the company.
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
- Legal compliance for purchase of certain products or where otherwise required by law.
INFORMATION WE ACQUIRE
In connection with your use of the Services, you may provide personal information to us in various ways. The types of personal information we obtain include:
- Contact information (such as name, email address, shipping address and instructions, postal code, telephone number, and personal ID)
- Login credentials to create an account on the Services (such as email address and password)
- Information contained on your social media public profile, to the extent you decide to create an account on the Services using your social media account.
- Information you choose to submit on your personalized public profile “My Page”, including web address name, username, photograph, links to your social media accounts and any other information.
- User generated content related to product reviews, comments, questions, and answers.
- Payment information, such as name, billing address, account number, and payment card details (including card number, expiration date and security code) for payments processed by us. To the extent any payments are processed by any other third parties such as PayPal or Apple Pay, then the privacy policies of those parties shall govern such information. We will not sell or give away your name, mail address, phone number, email address, credit card number or any other information to anyone.
- Order history, including information about products purchased or viewed on the Services.
- Social media information, such as social media handles, content and other data shared with us through third-party features that you use on our Services (such as apps, tools, payment services, widgets and plugins offered by social media services like Facebook, Google, Instagram, LinkedIn, Pinterest, Twitter and YouTube) or posted on social media pages (such as our social media pages or other pages accessible to us).
- Other personal information contained in content you submit on the Services, such as through our “Contact Us” feature or other customer support tools and Country/region and language preference based on mobile device settings and/or IP.
- IP address, device, operating system, and browser information that we detect.
WHAT WE DO WITH THE INFORMATION YOU SHARE
We will use the information we obtain through the Services as needed to fulfill our contractual obligation to provide you with the products and services you request and to deliver products ordered (including, but not limited to, transportation and customs clearance through related third-party service providers).
We also will use the information we obtain through the Services if we have a legitimate interest to do so, including to support the following functions and activities:
- Establishing and managing your account.
- Communicating with you about your account or transactions and sending you information about features and enhancements.
- Processing claims in connection with our products and services, and keeping you informed about the status of your order.
- Posting your product reviews and managing our Reviews program.
- Improving and customizing your experience with the Services, including providing recommendations based on your preferences.
- Marketing products to you and providing you with promotions, including special deals, coupons, discounts.
- Responding to your requests and inquiries and providing customer support, such as through our chat or other customer support tools.
- Operating, evaluating, and improving our business (including developing new services; enhancing and improving our Services; managing our communications; analyzing our user base and Services; performing data analytics and market research; and performing accounting, auditing, and other internal functions).
- Protecting against, identifying, and preventing fraud and other criminal activity, claims and other liabilities.
HOW WE SHARE THE INFORMATION WE COLLECT
We will not disclose the information we collect about you to anyone outside of Peta2z®, except in the following circumstances:
We disclose information to third-party service providers that we engage to provide us and you with various services (“Providers”). Examples of Providers include data analysis firms, credit card processing companies, companies that help fulfill your orders, website hosting providers, fraud detection and identity verification services, customer service, email and SMS vendors, auditing firms and other providers. Providers also include any co-promotion partners with which we jointly develop or market products or services. Some Providers may collect information on our behalf or through your use of the Site.
We may disclose the information we collect about you to third parties as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of some or all our assets, including in the context of bankruptcy proceedings.
IN COMPLIANCE WITH LAW
We also may disclose information about you: (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); or (7) otherwise with your consent.
YOUR RIGHTS TO CHOICES
We offer you certain choices in connection with the personal information we obtain about you. For example, if you have created an account with us, you can change your communication preferences by logging into your account. To the extent provided by applicable law, you also can object to the use of your personal information for direct marketing purposes and unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails or contacting us as specified in the How to Contact Us section below. We will apply your preferences going forward.
To the extent provided by applicable law, you may: (1) request access to the personal information we maintain about you; (2) request that we update, correct, amend, or erase your information; or (3) request the restriction of our use of your personal information, by contacting us as specified in the How to Contact Us section below.
If you are located in the EEA and the UK, to the extent provided by applicable law, you also may object to the use of your personal information in certain situations in which we use that information based on our legitimate interests, as described above. In addition, to the extent provided by applicable law, you may receive, in a structured, commonly used and machine-readable format, your personal information you have provided to us based on your consent or a contract to which you are party. You have the right to have this information transmitted to another company, where it is technically feasible. To exercise these rights, please contact us as specified in the How to Contact Us section below.
If you are located in Brazil you also may have the right to: (1) obtain confirmation that we process your personal information; (2) access your information; (3) correct incomplete, inaccurate or outdated information; (4) have certain information anonymized, blocked or erased; (5) obtain your personal information in a portable format; (6) erase personal information processed with your consent; (7) obtain information about third parties with whom your personal information has been shared; (8) obtain information about the possibility of refusing to provide consent and the corresponding consequences; and (9) withdraw your consent to the extent we have relied on such consent to process your personal information.
Depending on your location, you may have the right to file a complaint with a privacy regulator if you are not satisfied with our response.
www.Peta2z.com has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you’re utilizing a secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.
www.Peta2z.com strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
Our Website uses Google Analytics and may be able to see user’s referring site. Website does not respond to “do not track” signals, though users may be able to provide tracking instructions to Google Analytics. To opt out of Google Analytics, visit the Google Analytics opt-out page found at https://tools.google.com/dlpage/gaoptout and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser.
California Residents: Rights under California Law.
California Consumer Privacy Act
- You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify your request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources from which the personal information has been collected.
- The specific pieces of personal information we collected about you.
- Our business or commercial purpose for collecting or selling any personal information.
- The categories of personal information about you that was sold or disclosed for a business purpose; and/or
- The categories of third parties to whom the personal information was sold or disclosed for a business purpose, by category or categories of personal information for each category of third parties to whom the personal information was sold.
- You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
- We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our agreement with you. For example, we may not delete your personal information insofar as it is needed to honor our returns policy with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act.
- Enable internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise the rights described above, please submit a verifiable request to us by emailing us at Policy@Peta2z.com or calling us at 510-324-2903.
Only you or a person whom you authorize to act on your behalf may make a verifiable consumer request related to your personal information. If you wish to authorize another to act on your behalf, please be advised that Peta2z may require that you provide the authorized agent with signed written permission to submit a request and verify your own identity and confirm your permission directly with us, unless the authorized agent has a power of attorney. However, you may also make a verifiable consumer request on behalf of your minor child.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not respond to your exercise of CCPA rights by:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Normal order processing, i.e., order verification, quality check and packaging can take between 1-3 business days (Monday – Friday). Though, we strive to get all orders received before 1 PM (PST) shipped out the same day
Premium Order Processing:
Premium order processing, i.e., order verification, tailoring, quality check and packaging can be completed on the same business days (Monday – Friday).
Note: Orders are shipped on business days only, which are Monday – Friday
The following shipping methods are available, Standard Ground (4-6 business days), Second Day (2 business days) and Next Day (1 business day). Business days do not include weekends and there is no weekend delivery for any shipping method. Some items cannot be shipped using Second Day or Next Day due to size, weight, hazardous materials and delivery address. These items will only have Standard Ground available.
Please note that orders could arrive in multiple packages.
You can track your order by clicking Tracking link sent to you through mail after the package is shipped.
Orders delivered within the 48 contiguous states should arrive in 4 – 6 business days depending on delivery location. Orders shipped to Alaska and Hawaii will take an additional 2 – 5 days for delivery and are subject to an additional $15 delivery fee. Alaska and Hawaii are excluded from Free Shipping promotions.
Second Day is only available on select products for our customers who ship orders within the 48 contiguous United States. Second Day delivery orders will be processed on the same day if they are placed by 12:00pm PT on a business day, and should arrive in 2 business days. Orders placed after 12:00pm PT will be processed on the following business day, and should arrive in 3 business days. All orders must have a valid street address (no PO Boxes). Not all items are eligible for expedited delivery. This method is not available for Alaska or Hawaii.
Next Day delivery is only available on select products for customers who ship orders within the 48 contiguous United States. Next Day delivery orders will be processed on the same day if they are placed by 12:00pm PT on a business day, and should arrive in 1 business day. Orders placed after 12:00pm PT will be processed on the following business day, and should arrive in 2 business days. All orders must have a valid street address (no PO Boxes). Not all items are eligible for expedited delivery. This method is not available for Alaska or Hawaii.
We use the following shipping Carriers for Domestic Shipping to make sure your items arrive to you on time:
In the event an item you’ve ordered is out of stock, we will ship the items available and ship, the out of stock item(s) as soon as they become available via an expedited method at no cost to you.
Accurate Address Information
Our shipping methods are only as accurate as the information that we are given. Please verify all of your shipping and billing information when placing your order. Our system is capable of retaining multiple addresses; although it will always select the default address for both shipping and billing. You will have the option of entering a new address or selecting one that has been previously entered during the checkout process. It is your responsibility to verify that all addresses are complete and accurate. Please make sure to include your apartment, suite, unit, room, or space number to ensure proper and timely delivery of your order. All orders will be shipped to the address listed on the confirmation page of the order.
Delivery of your Shipment
We only require a signature for shipments on orders over $500 in value. Typically, your package is left in a safe location if no one is available to receive it; however, it is ultimately up to the individual driver if he/she feels comfortable leaving the package without a signature. USPS drivers will leave your package in your mailbox, but if the package does not fit they will leave it at your door. Any comments entered during the time of order will be printed on to the shipping label. These notes will be passed to the delivery driver, but we can offer no guarantee that they will be followed at the time of delivery.
Peta2z® takes utmost care while shipping its products to the customers. When an order is placed it always takes into consideration the most important factors like delivery confirmation. The information can be tracked by either parties that is Peta2z.com and you. When you access the shipping company’s tracking information, it is known specifically whether or not a package is delivered. If we find that the ship has not send the package, and if the tracking information shows the note of undelivered status, we will ship it back again. We trust on the information processed by the shipping company to decide if a shipment was really made or not. This contract commences at the time of shipment and means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Please be sure that your address is correct and accurate.
“Oversized Shipping” charge:
For some items shipping within the U.S. an incremental shipping charge may be incurred due to an item’s size and weight. The incremental charge is charged for total quantity ordered. Note: The incremental charge, if applicable, is displayed on product detail pages and throughout checkout.
Free Shipping Offer:
Free Shipping offer, when and wherever provided are applicable ONLY to Orders delivered within the 48 contiguous states.
Free Shipping is provided for orders with order value more than $35. Peta2z® Reserves the right to withdraw any Promotions at any time.
Also other Products eligible for free shipping will be designated on the product page and at checkout. Must select ground shipping at checkout. Oversized charges may apply. Offer valid on Peta2z.com only. Entire order ships free with qualifying item purchase.
Shipping Promotion Exclusions
The free shipping Promotions do not apply to Oversized Shipping Charges, Packages Over 2 LBs etc., and these are excluded from free shipping promotions.
Import Duties, Taxes, and Fees:
All orders shipping to a destination outside of the USA are subject to the import duties, fees, and taxes of the destination country.
Delays in delivery may occur if the package is randomly selected by Destination Country’s Customs Department or Agency for inspection.
We have no control over the process or additional charges associated with the delivery and importation of the order (package) into countries outside USA. We do not benefit in any way from these charges and we work very closely with our brokers and carriers to ensure as few delays as possible.
We are not responsible for any duties, fees, or taxes that are incurred during the delivery of the order/package.
Please note that it is Customer’s responsibility to obtain any necessary governmental permission and/or documentation for import approval, as well as to verify and pay all import charges including duties, fees, and taxes.
Selecting a Carrier:
FedEx International offers premium and reliable expedited delivery service to many countries with a delivery time ranging from 1 to 5 business days depending on service you choose. Tracking is available for most destinations and an estimated delivery date is also available
USPS International offers affordable and proven international delivery service to many countries with a delivery time ranging from 3 business days up to 2 months depending on the service you choose but the delivery date is not guaranteed. However, due to the fact that USPS uses the Postal Service for the country of import for final delivery, certain charges are waived for some countries.
FedEx and USPS both work to clear your package through Customs and have brokers that work to facilitate the clearance process, but no service can guarantee all packages will reach their final international destination.
Terms And Conditions
Welcome to Peta2z.com. By utilizing the latest technology to ensure secure, hassle-free shopping, Peta2z.com can provide you with a broad range of high-quality merchandise to help you easily express your individuality and creativity. Keep in mind, however, that we here at Peta2z® provide our services to you subject to the following notices, terms, and conditions.
These Terms and Conditions constitute a legally binding agreement made by and between Peta2z®, which operates www.Peta2z.com (“Website”) and you, whether personally or on behalf of an entity (“You”). These Terms and Conditions govern your use of the Website and products offered on the Website so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TAC. IF YOU DO NOT AGREE TO BE SO BOUND, DISCONTINUE USE OF THE WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PETA2Z RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS TAC THAT MAY BE POSTED ON THE WEBSITE.
Product Availability and Description
All orders placed through the Site are subject to our acceptance. We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order.
While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.
We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.
While you may purchase products from our Site without creating an account, certain features (such as our registry) require you to create an account. You promise to provide current and accurate information when registering for an account. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone else to use your username or password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username or password, with or without your knowledge.
The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
Product Transactions on the Website
Products may only be purchased by individuals who can form legally binding contracts under applicable law. All persons accessing the Website or using Peta2z® services must be at least 18 years of age. Minors under 18 and at least 13 years of age may access the Website only if they have appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your account.
In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Peta2z®, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Peta2zs’ name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.
If you become aware of any conduct that violates these TAC, Peta2z® encourages you to contact customer service at contactus@Peta2z.com Peta2z® reserves the right, but will have no obligation, to respond to such communications.
Intellectual Property Rights
All content included on the Site, such as photos, text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photographs, and software (the “Materials”) is the property of Peta2z® or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
Peta2z®, as well as other trademarks, service marks and logos that we use, are trademarks of Peta2z®. Your use of any of the trademarks found on this Site without express permission is strictly prohibited.
The graphic and textual content, arrangement, and assembly of this site is the property of Peta2z.com or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Peta2z® or its software suppliers and is protected under U.S. and international copyright laws.
Ownership and Use
Peta2z® will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TAC or otherwise, except as set forth in this TAC. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.
DMCA Copyright Policy and Copyright Agent
Peta2z® respects the intellectual property rights of others and expects its users to do the same. If you believe Website or a user of the Website has infringed intellectual property please notify our Intellectual Property Agent at Policy@Peta2z.com and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
- An identification of the intellectual property claimed to have been infringed.
- A detailed description of the material you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner its agent, or the law.
- A statement made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
- Use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site.
- Copy, modify, republish, or repost, distribute, or otherwise exploit the Materials or information from the Site.
- Mirror any Materials contained on this Site or any Peta2z® server or use framing techniques to enclose the Site or any part of the Site or circumvent any of the technical limitations of the Site.
- Perform or attempt to perform any actions that would interfere with access to or operation of the Site.
- Change or delete any ownership notices from any Materials or the Site.
- Use the Site in a way that violates law, would create liability, or promote illegal activities.
- Transmit files or messages containing computer viruses or worms, Trojan horses, or “spyware” programs.
- Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account.
- Use the Site or post anything to the Site for commercial activities such as contests or advertising.
THE SITE AND MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PETA2Z MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SITE OR MATERIALS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS AND WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PETA2Z HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE MATERIALS AND SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PETA2Z EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERCEPTED, THAT THE CAPABILITIES OFFERED ON THE SITE WILL BE UNINTERRUPTED, OR THAT ACCESS TO OR USE OF THE SITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED. This disclaimer does not apply to products ordered through the Site.
EXCLUSION OF DAMAGES
PETA2Z WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. PETA2Z WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF PETA2Z OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO PETA2Z FOR ANY PRODUCT(S).
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.
All disputes between you and Peta2z® related to the operation of Website or Peta2z® products will be exclusively resolved under confidential binding arbitration held in Baltimore, Maryland before a single arbitrator in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these TAC, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Peta2z® will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Class Action and Class Arbitration Waiver
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Baltimore, Maryland (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Baltimore, Maryland for any litigation other than small claims court actions.
Governing Law. The law which shall resolve all disputes between the parties shall be the laws of Maryland and the United States of America.
Peta2z® will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TAC, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you are exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.
If You are a member, You may terminate your account for any reason at any time subject to these TAC by emailing contactus@Peta2z.com and requesting termination.
If your account is terminated, Peta2z® may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.
Following termination, you will not be permitted to use Website.
B. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of law rules. Under those circumstances, tour further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state or federal court located in Baltimore County, Maryland.
C. Limitations on Claims
Any cause of action or claim you may have with respect to Peta2z® or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. This provision does not apply to users residing in New Jersey.
D. No Waiver
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions is found to be partially or wholly invalid, illegal or unenforceable, such as provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
F. Entire Agreement