Shmush! UnconditionalLUV, Terms and Conditions, April 15, 2022

Thank you for visiting Shmushpets.com. These Terms and Conditions (the “Terms”)  ensure that you understand your rights and obligations and your experience on our website, Shmushpets.com.  (the “Website”) is one you’ll want to repeat again and again. UnconditionalLUV provides this Website as a service to our customers. Please review the following Terms, including an Arbitration Agreement, that govern your use of our Website (the “Agreement”). Please note that your use constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Website. Your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since UnconditionalLUV may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Website. Should you have any questions concerning these Terms or any of our policies, please contact us at contact@shmushpets.com

 Use of the Website

The Website is owned and operated by UnconditionalLUV, 275 Route 25A, Suite 32, Miller Place, New York, 11764.

All content posted on the Website is:

Copyright @2022, UnconditionalLUV, LLC. All rights reserved.

If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please follow the Digital Millennium Copyright Act (DMCA) notice and take-down procedure described below.

All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Shmush! Health Biscuits and its parent, UnconditionalLUV.

Shmush! is a registered trademark of UnconditionalLUV.

The phrases, ‘Get Shmushed’ and ‘You’ve Been Shmushed’  are registered trademarks.

The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by UnconditionalLUV.

The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of UnconditionalLUV. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. UnconditionalLUV grants a limited, non-exclusive, restricted, non-transferable, cannot be licensed,  revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to Shmush! and UnconditionalLUV.

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

User comments, feedback, postcards and other submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Shmush! or UnconditionalLUV on or by this Website or otherwise disclosed, submitted or offered to Shmush!  or UnconditionalLUV (collectively, the “Comments”) shall be and remain Shmush! and UnconditionalLUV property.  Such disclosure, submission or offer of any Comments shall constitute an assignment of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Shmush! and UnconditionalLUV will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Shmush! and UnconditionalLUV are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Colors

The colors we have used on our website are in compliance with ADA guidelines. We can not guarantee that their reproduction will be true on any individual device- computer, iPad or cell phone.

Correction of errors and inaccuracies

We endeavor to present the most recent, accurate and reliable information on the Website at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your shmushpets.com purchase, please see our Return Policy, which is incorporated into these Terms by this reference.

Typographical errors

In the event Shmush! And UnconditionalLUV products are listed at an incorrect price due to typographical error or systems error, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

Termination of Terms

These Terms, or any of them, may be terminated by Shmush! or UnconditionalLUV  without notice at any time for any reason. Provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

Enforcement of Terms

By accessing and using the Website, you agree that your access to and use of the Website is subject to these Terms, as governed and interpreted pursuant to the laws of the State of New York, United States of America.

Use of the Website

Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Shmush! or UnconditionalLUV or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or organization.

Third-party links

In an attempt to provide increased value to our visitors, Shmush! and UnconditionalLUV may choose various third-party Websites to link to from its own Website. However, even if the third party is affiliated with Shmush! and UnconditionalLUV,  neither has control over these linked sites, all of which have their own, separate privacy, security, and data collection practices. Shmush! and UnconditionalLUV have no responsibility or liability for those independent policies or actions and is not responsible for the privacy practices or the content of such websites. Those linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Shmush! and UnconditionalLUV seeks to protect the integrity of its Website and the links placed upon it, and therefore welcomes any feedback on not only its Website, but for Websites it links to as well (including if a specific link does not work).

Copyright Policy for the Website

You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Shmush! and UnconditionalLUV to terminate the privileges of any user of the Website or member who infringes the copyright rights of others upon receipt of prompt notification to Shmush! and UnconditionalLUV by the copyright owner or the copyright owner’s legal agent.

DMCA notice & take-down procedure

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Website;

(iv) your address, telephone number, and e-mail address;

(v) a written 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;

(vi) 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.

Notice of claims of copyright infringement can be communicated to Shmush! and UnconditionalLUV via its website, shmushpets.com, or its customer service number, 1-800-576-6522.

Privacy and Security 

Use of the Website is also governed by our Privacy and Security Policy, located on the Website and incorporated into these Terms by this reference.

 

Miscellaneous

Binding Nature

Your use of the Website constitutes your acceptance of these Terms and your continued use confirms that acceptance.

Entire Understanding

These Terms constitute the entire agreement between you and Shmush! regarding the use of the Website.

No Waiver

Any failure of UnconditionalLUV to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Severability

If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable.