Last updated on November 8, 2020.
These Online Retail Terms and Conditions (these “Terms”) form a binding contract between you and CAH Direct, LLC (“Canidae”), a Delaware limited liability company and fully owned subsidiary of K9 Holdings, LLC, with corporate headquarters at One Dock Street, Suite 500, Stamford, CT 06902. These Terms apply to the purchase and sale of products through Canidae’s website (“Site”), whether you use the Site as a guest or through an account.
These Terms are subject to change by Canidae at any time in Canidae’s sole discretion without prior notice to you, with any such changes effective as of the “Last Updated” date at the beginning of these Terms. You should review these Terms regularly, each time you use the Site and prior to purchasing any product that is available through the Site. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes.
BY USING THE SITE OR PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND WILL BE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ENTITY, YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
Site Eligibility. You may only place an order if you are 18 or older. Canidae is based in the United States, and the Site is intended for use by U.S. residents. If you access the Site from a location outside the United States, you do so at your own risk, and are responsible for compliance with all applicable laws. You acknowledge and agree that by accessing the Site, your information or data may be transferred, processed, stored, or otherwise collected and used in the United States.
Accounts. If Canidae provides you the ability to create an account to facilitate your use of the Site and you elect to do so, your account is personal to you, and you must treat your username, password, and other account credentials as confidential and not disclose them to others. You are responsible for all activity that occurs through your account. You agree to notify Canidae immediately of any breach of security or unauthorized access to or use of your account.
Order Acceptance. Each order that you submit constitutes an offer to purchase products from Canidae pursuant to these Terms.Orders are subject to Canidae’s acceptance at Canidae’s sole discretion. Canidae is not obligated to sell the products to you until Canidae accepts your order. Your receipt of an order confirmation email with your order number and details of the items you have ordered is an acknowledgement that your order has been submitted but does not constitute acceptance of your order by Canidae. Canidae will indicate its acceptance of your order upon fulfillment and shipment of the products you ordered. You will receive an email notice if the order is not accepted or cannot be fulfilled as placed. If the order is not accepted or cannot be fulfilled as placed and payment has already been processed, Canidae will refund to your original payment method the amount of the payment processed for the portion of the order that will not be fulfilled.
Order Eligibility. When you place an order, you represent and warrant that (a) you are buying products from the Site for personal, household, or self-employed activities only, not for commercial resale or export, unless subject to a separate written agreement between you and Canidae; and (b) you will comply with all applicable laws, rules and regulations related to your purchase, receipt, possession, use, and sale of any products from the Site. You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and that you have the right to provide and use all information, content, and data that you provide to the Site. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under your control or in your possession.
Limitations on Transactions. Canidae reserves the right, with or without prior notice, to: (a) limit the available quantity of or discontinue any goods or products; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service.
Pricing. All prices, discounts, and promotions posted on the Site are subject to change without notice. Canidae will charge you the price in effect at the time you place the order and will include it in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling, all of which Canidae will add to your merchandise total and itemize in your shopping cart and order confirmation email. Canidae strives to display accurate price and product information, but inadvertent errors or inaccuracies may occur. Canidae may correct any errors at any time and cancel incorrect orders arising from such occurrences. Prices in stores, in catalogues, and online may deviate from each other.
Order Process. You will be asked to supply certain information relevant to your transaction in order to purchase products through the Site, such as your credit card number and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SITE. You further represent and warrant that (a) the credit card or other payment information that you provide is accurate and complete; (b) charges incurred by you will be honored by your credit card company or other payment institution; and (c) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all taxes applicable to your order, if any, regardless of the tax amount quoted at the time of your order. Canidae may use third-party payment processors, or other third-party service providers, in order to process your payment and fulfill your order. By submitting your payment information to the Site, you grant Canidae the right to provide such information to such third parties for the purpose of facilitating the completion of your order or other transaction initiated by you or on your behalf. Payment is subject to validation and authorization by both the card company or payment processor and by Canidae in order to maintain security and prevent fraud.
Shipments; Delivery; Title and Risk of Loss. You must pay all shipping and handling charges associated with the delivery option you select during the ordering process that remain after applying all offers, coupons, coupon codes, or other promotions. Canidae is not liable for any order processing, shipment or delivery delays, which are not guaranteed. Risk of loss passes to you upon Canidae’s transfer of the products to the shipping carrier. Title passes to you upon your full payment for the products. Please contact Canidae if there is an issue with your delivery or if you receive products that appear to have been damaged during transit.
Canidae Branding. The Canidae family of trademarks, service marks, and other marks of indicia, including CANIDAE and all related names, logos, product and service names, designs, and slogans are trademarks of Canidae or its affiliates or licensors. You must not use such marks without the prior written permission of Canidae. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners and may not be used by you without the owner’s prior written permission.
Ownership of Site; Restrictions. The Site, all content featured on the Site, the so called “look and feel” of the Site, and all code and other information or materials supplied by Canidae on the Site are owned by Canidae, its affiliates, or its or their licensors and are protected by intellectual property and other applicable laws. All worldwide rights therein are reserved by Canidae. Canidae may update or remove content, products, or all or part of the Site at any time. Any use of the Site other than as permitted by these Terms is prohibited. You shall not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, the Site or its content; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display the Site by using framing or similar navigational technology; (d) change or delete any proprietary notices from materials downloaded from the Site; or (e) upload onto the Site or otherwise transmit to or through the Site, any materials, content or images that may cause any harm to any person, are inappropriate, harassing, offensive, or otherwise objectionable, or that are illegal, unlawful, or otherwise destructive, including any Trojan horses, viruses, malware, or other harmful code. The Site may include content or links to other websites provided by third parties, including advertisements and sponsored links or materials provided by other users. All third-party websites, statements or opinions, and other content are provided solely for your convenience. Canidae is not responsible or liable to you or any third party, for the content or accuracy of materials, content, websites, or other resources provided by third parties or for any loss or damage that may arise from your use of them. If you decide to access any third-party materials, content, websites or other resources through the Site, you do so entirely at your own risk and subject to all applicable terms and conditions.
Interactive Site Features. The Site may contain message services, frequently asked questions or product review forums, or other features designed to enable you to interact with Canidae or other Site users (collectively “Interactive Features”). You agree to use the Interactive Features only to post, send, and receive messages and materials that are appropriate. Canidae reserves the right to terminate your access to the Site and the Interactive Features at any time, without notice, for any reason. Canidae has the right, but not the obligation, to monitor the Site or Interactive Features and cannot ensure prompt removal of objectionable material after it has been posted. Canidae assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
User Feedback. All comments, feedback, suggestions, ideas and other content and submissions disclosed, submitted or offered in connection with your use of the Site (collectively, “User Feedback”) shall be the exclusive property of Canidae and deemed non-confidential and non-proprietary to you. In furtherance of the foregoing, as between you and Canidae, Canidae has the exclusive right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Feedback for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Feedback and have the right to grant the licenses granted herein, and (b) all of your User Feedback does and will comply with these Terms. You are responsible for all User Feedback you submit or contribute, including its legality, reliability, accuracy, and appropriateness. You hereby waive all moral rights in any User Feedback in favor of Canidae. Canidae shall not be limited in any way in its use, commercial or otherwise, of any User Feedback. Canidae may, or may decline to, use, post, distribute, critique, quote from, respond to, characterize, refer to, remove or refuse to post your User Feedback or any portion thereof in whole or in part, without further obligation or payment to you, at Canidae’s option and in Canidae’s sole discretion. Canidae may take any other action Canidae deems appropriate with respect to any User Feedback, including disclosing your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
User Contributions. Canidae may remove user contributions, content, or other materials submitted to or posted on the Site at any time in Canidae’s sole discretion. If you believe another user’s contributions, content or materials on the Site infringe your intellectual property rights, please contact Canidae at [email protected], by phone at 1-844-413-2326 or by mail at One Dock Street Suite 500, Stamford, CT 06902.
Termination; Survival. In addition to any remedies that may be provided under these Terms, Canidae may terminate these Terms with immediate effect upon notice to you, if you: (a) fail to pay any amount when due under these Terms, or (b) have not otherwise complied with these Terms, in whole or in part. Any termination of these Terms automatically cancels any product orders scheduled to be delivered to you after the effective date of termination, whether or not such orders have been accepted by Canidae. With respect to any products that are still in transit upon termination of these Terms, Canidae, in its sole discretion, may require that the delivery of such products be made on a cash-only or certified-check basis. Any provisions of these Terms which by their nature should survive beyond the termination of these Terms shall remain in force after any such termination, including Sections 10 through 28.
Incorrect Shipments; Defects. If you receive a product you did not order, experience any product issues or if you are unhappy with your products or believe they may be defective, please contact Canidae at [email protected] or by phone at 1-844-413-2326. In the event Canidae approves a refund request in its sole discretion, Canidae will refund your purchase price to the same payment method used to make the original purchase on the Site, less the original shipping and handling costs.
No Warranty. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR ON THE APPLICABLE PRODUCT PACKAGING OR CANIDAE’S PRODUCT-SPECIFIC SITE, YOUR USE OF THE SITE AND ALL PRODUCTS OFFERED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Data Security. Canidae takes steps to protect and maintain the security of your data and the transactions you make on the Site, but Canidae cannot and does not guarantee or warrant that data, files or content shared through the Site or available for download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to Canidae’s Site for reconstruction of any lost data.
Indemnification. You agree to defend, indemnify, and hold harmless Canidae, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your use of the Site other than as expressly authorized in these Terms, including your User Feedback and all data and information that you submit through the Site, and your use of the Site’s content; and (c) your violation of any applicable laws or the rights of any other person or entity.
Limitation of Liability. IN NO EVENT SHALL CANIDAE OR ITS AFFILIATES, OR ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH THESE TERMS, YOUR USE OF THE SITE, OR YOUR PURCHASE AND USE OF CANIDAE PRODUCTS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT CANIDAE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. CANIDAE’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU ORDERED THROUGH CANIDAE’S SITE. This limitation of liability shall only apply to the extent permitted by law.
Force Majeure. Canidae will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in Canidae’s performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Canidae’s reasonable control, including, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, quarantine, lockouts, strikes or other labor disputes (whether or not relating to Canidae’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. Unless Canidae consents in advance in its sole discretion, any litigation under or related to these Terms shall be brought and maintained in the state and federal courts in the State of Delaware. You irrevocably submit to the exclusive jurisdiction of these courts, agree to file all pleadings in connection with the subject matter of these Terms in such courts, and waive any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in such courts. NO CLAIM OR ACTION UNDER THESE TERMS BY YOU AGAINST CANIDAE MAY BE BROUGHT MORE THAN 12 MONTHS AFTER SUCH CAUSE OF ACTION ARISES. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not apply to this Agreement. YOU AND CANIDAE EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without Canidae’s prior written consent. Any purported assignment or delegation in violation of this Section 23 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by Canidae to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Canidae.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices to You. Canidae may provide any notice to you under these Terms by: (a) sending a message to the email address you provide, or (b) by posting it to the Site. Notices sent by email will be effective when Canidae sends the email, and notices Canidae provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
Severability. If any provision of these Terms is declared void, illegal, invalid, or unenforceable in whole or in part for any reason, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section, the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.
Contact Canidae. Please direct all comments, questions, or concerns related to these Terms by contacting Canidae at [email protected].