Terms of Use

TERMS OF USE AGREEMENT
MEOWTROPOLITAN LLC

Last Modified: October 15, 2016

This Site, Meowtropolitan’s online store is operated by Meowtropolitan LLC, a Washington LLC. For purposes of this Agreement (defined below), “you” and “your” mean the user of the computer interacting with the Site.

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “TERMS OF USE” OR “AGREEMENT”). YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT USE THE SITE.

Please note that in using the Site, you may be required to provide Meowtropolitan with certain personally identifiable information, retention and use of which are subject to the Meowtropolitan Privacy Policy (the “Privacy Policy”), incorporated herein by reference. Your use of the Site signifies that you have read, understand and agree with the terms of the Privacy Policy.

LIMITED USE LICENSE

The Site is available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. The Site and any associated materials (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Meowtropolitan, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.

To order goods and services from this Site, you may register for an account, (“Account”) so long as you use the Site in accordance with these Terms of Use.

USE REQUIREMENTS, SHIPPING, AND RETURNS

In using the Site, you acknowledge that you have read, understand and agree with the terms of this Agreement. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Site.

Our terms of sale are set out in the following link and hereby incorporated by reference: Terms of Sale.

We reserve the right to not process any transaction suspected of fraud, and cancel any Account in violation of these Terms of Use.

For questions regarding shipping and returns please contact us at shipping@meowtropolitan.com and returns@meowtropolitan.com, respectively.

GENERAL INFORMATION

Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of accessing the Site. By entering into this Agreement, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to access the Site. You further agree that you are entirely liable for all activities conducted through on the Site, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Meowtropolitan rules, policies, notices and/or agreements.

THE SITE IS NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES MEOWTROPOLITAN KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO MEOWTROPOLITAN.

Suspension/Termination. MEOWTROPOLITAN RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR REMOVE THE SITE OR YOUR ACCOUNT AND TO PROHIBIT YOUR ACCESS TO THE SITE FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. You may cease accessing this Site at any time.

OWNERSHIP

Intellectual Property. All rights and title in and to the Properties, and all content included therein are owned by Meowtropolitan or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. Meowtropolitan and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Meowtropolitan. Additionally, except as otherwise set forth in this Section, Meowtropolitan does not authorize you to make any use whatsoever of any Meowtropolitan’s trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.

Unsolicited Idea Submissions. Meowtropolitan values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Meowtropolitan nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved technologies, or product enhancements, marketing plans (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Meowtropolitan or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when Meowtropolitan’s products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Meowtropolitan or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Meowtropolitan and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Meowtropolitan as specified above are valid, effective and enforceable. You also give up any claim that any use by Meowtropolitan and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.

UPDATES AND MODIFICATIONS

Agreement. Meowtropolitan reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively without your consent. Such changes will be effective with or without prior notice to you; however, the most current version will always be posted on our website. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. If a revision, in our sole discretion, is material we will notify you. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

The Properties. In an effort to improve the Properties, you agree that Meowtropolitan may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties.

LINKS

The Site may contain links to websites operated by other parties. Meowtropolitan provides these links to you as a convenience, or other users might be posting these links. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Meowtropolitan, and Meowtropolitan is not responsible for the content available on the other sites. Such links do not imply endorsement by Meowtropolitan of information or material on any other site, and Meowtropolitan disclaims all liability with regard to your access to and use of such linked websites.

Should you choose to provide a link on the Site to an external website, unless otherwise set forth in a written agreement between you and Meowtropolitan, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Meowtropolitan’s name and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Meowtropolitan; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Meowtropolitan reserves the right to revoke its consent to the link at any time and in its sole discretion.

VII. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT (DMCA)

If you are a copyright owner or agent thereof and believe that content posted on the Site by a Meowtropolitan user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Meowtropolitan with the following information:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

B. A description of the copyrighted work that you claim has been infringed;

C. The URL of the location on Meowtropolitan’s site containing the material that you claim is infringing;

D. Your address, telephone number, and email address;

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Meowtropolitan may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The Privacy Policy does not protect information provided in these notices.

WARRANTY DISCLAIMER

MEOWTROPOLITAN.COM AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MEOWTROPOLITAN.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE.

INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEOWTROPOLITAN AND ITS AFFILIATES, THEIR OFFICERS, EMPLOYEES, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT OR THE PRIVACY POLICY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL MEOWTROPOLITAN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF MEOWTROPOLITAN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MEOWTROPOLITAN BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO MEOWTROPOLITAN FOR SITE TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Meowtropolitan shall be limited to the fullest extent permitted by applicable law.

EQUITABLE REMEDIES

You hereby acknowledge and agree that Meowtropolitan would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Meowtropolitan shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

TERMINATION

This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Meowtropolitan may terminate this Agreement at any time for any reason or for no reason.

MISCELLANEOUS

Assignment. Meowtropolitan may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Meowtropolitan’s prior written consent, and any unauthorized assignment by you shall be null and void.

Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Meowtropolitan for any other reason, please contact Meowtropolitan support at info@meowtropolitan.com.

Entire Agreement. This Agreement represents the complete agreement between you and Meowtropolitan concerning the Site, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Meowtropolitan.

Force Majeure. Meowtropolitan shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Meowtropolitan, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Seattle Meowtropolitan’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Location. The Site is operated by Meowtropolitan in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Meowtropolitan as a result of this Agreement or your use of the Site.

No Waiver. Meowtropolitan’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Meowtropolitan of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Meowtropolitan, Inc., 1225 N 45th St, Seattle, WA 98103.

Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.

Survival. The provisions of these terms shall survive any termination of this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.