White Cliff Pet Products LLC
BY COMPLETING THE INFORMATION REQUIRED IN THE SHOPPING CART, YOU AGREE TO THE TERMS OF WHITE CLIFF PET PRODUCTS LLC
This Agreement sets forth the terms and conditions on which White Cliff Pet Products LLC (“White Cliff”) will provide you its Breathe Free Litterbox Mate™ product as Breathe Free Litterbox Mate customers. By completing this sign-up process, you agree to be bound by the terms and conditions set forth herein, including but not limited to the payment terms, and upon confirmation of payment by White Cliff, it will ship your order. Breathe Free Litterbox Mate is a trademark of White Cliff Pet Products LLC.
1.1 You agree to make payment for the Breathe Free Litterbox Mate products and to provide White Cliff your information for a credit card and/or checking account information for e-checks acceptable to White Cliff and authorize the use to pay the associated costs for each option of pads available on the website
2.2 No credit card or bank information is retained or stored by White Cliff on its website or database of purchases.
2.3 White Cliff reserves the right to change the prices and/or the method in which these are paid by you.
3. DELAYS IN THE BREATHE FREE LITTERBOX MATE PRODUCT DELIVERY
3.1 Neither White Cliff, nor its respective directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the Breathe Free Litterbox Mate
4.1 You acknowledge and agree that White Cliff reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Breathe Free Litterbox Mate website and blog.
4.2 White Cliff, at its sole discretion and without notice to you, may review, censor or prohibit the transmission or receipt of any information which White Cliff deems inappropriate.
5. LIMITED WARRANTY; DISCLAIMER OF OTHER WARRANTIES AND LIMITATIONS ON DAMAGES AND LIABILITY REFUNDS AND CANCELLATIONS
Limited Warranty. White Cliff wants you to be satisfied that the Breathe Free Litterbox Mate product and the services under the following conditions:
5.1 White Cliff guarantees that the Breathe Free Litterbox Mate pad will eliminate odors in you litter box for 30 day under the following guidelines: The product is guaranteed for one litter box for one cat for 30 days. It can be used for multiple cats in one box but may not last a full 30 days. It is best to use with generic clumping litters (no perfumes, crystals, carbons, etc.) Use 3-4 inches of litter on top of the pad. When you scoop, replace the litter that has encapsulated the urine and feces with more litter to maintain the 3-4 inch level at all times.
5.2 White Cliff will refund your payment in full if you are not satisfied with the Breathe Free Litterbox Mate single pad purchase of $9.99. To receive the refund you need to notify White Cliff in writing and White Cliff Pet Products PO Box 1015, Milford, NH 03055
5.3 White Cliff will refund your payment in full if you are not satisfied with the seven (7) Breathe Free Litterbox Mate pads of $47.90. If you are not satisfied with the performance of the first pad you use, at any time during the first six (6) months, you may return the remaining six (6) pads to White Cliff, unused and unopened in their original packaging, together with your full name, the address to which those pads were shipped to you, and the full identifying information of the credit card used by you to purchase the product, and, upon receipt and confirmation of the information by White Cliff, it will credit that credit card account with a full refund of your initial fee. This Limited Warranty extends only to you and is not transferable in any manner and shall be invalid if you fail to comply with every term and condition of the Limited Warranty. This Limited Warranty shall be White Cliff’s sole liability and your exclusive remedy if you are not satisfied with the Breathe Free Litterbox Mate product to receive the refund you need to notify White Cliff in writing and return the 6 pads in good condition and un opened to: White Cliff Pet Products PO Box 1015, Milford, NH 03055
5.4 No Information Warranty. You acknowledge that all information provided in connection with the Breathe Free Litterbox Mate is compiled from and distributed by sources that are often beyond the control of White Cliff, and it is understood and agreed that White Cliff makes no warranty, expressed or implied, with respect to the information provided to you by the Breathe Free Litterbox Mate. You assume the risk of errors and/or omissions in the information provided, and in its transmission or translation.
5.5 No Warranty of Continuous Service Availability. White Cliff also makes no warranty of the continuous availability of the Breathe Free Litterbox Mate.
5.6 Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT EXCEPT FOR THE ABOVE-STATED LIMITED WARRANTY, YOU DO NOT RECEIVED, AND WHITE CLIFF DISCLAIMS, ANY AND ALL WARRANTIES, AGREEMENTS, COVENANTS, REPRESENTATIONS EXPRESSED OR IMPLIED, WITH REGARD TO THE BREATHE FREE LITTERBOX MATE PRODUCT AND THE SERVICES OF YOUR , INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. YOU AGREE THAT WHITE CLIFF HAS NOT MADE ANY WARRANTIES EXIST EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
5.7 Damages. UNDER NO CIRCUMSTANCES SHALL WHITE CLIFF BE LIABLE TO YOU OR ANYONE ELSE USING THE PRODUCT OR SERVICE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LABOR AND ANALYSIS FEES), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON ANY CLAIM OF ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL WHITE CLIFF BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO WHITE CLIFF.
5.8 Liability. NOTWITHSTANDING THE ENFORCEABILITY OR NON-ENFORCEABILITY OF ANY OTHER PROVISION OF THIS AGREEMENT, WHITE CLIFF AND YOU HEREBY AGREE THAT WHITE CLIFF’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED IN AN AMOUNT EQUAL TO ALL SUMS PAID BY YOU TO THE WHITE CLIFF UNDER THIS AGREEMENT IN THE YEAR IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THAT LIABILITY.
6. SURVIVING PROVISIONS; INDEMNITY
6.1. Sections 4 and 6 of this Agreement shall survive termination or expiration of this Agreement.
6.2 Upon White Cliff’s request, you shall defend, indemnify and hold White Cliff harmless from any claims and expenses, including reasonable legal fees, related to any breach of this Agreement by you or your use of the Breathe Free Litterbox Mate.
7. AGREEMENT GOVERNS
7.1 It is understood and agreed by and between the parties that if there is any conflict between this Agreement and your order or any other document not signed by White Cliff, this Agreement will govern.
8. RECOVERY OF PAYMENTS DUE
8.1 You agree that if White Cliff takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, White Cliff shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other reasonable and necessary legal fees and any costs of any litigation.
9. WHOLE AGREEMENT
10.1 You acknowledge by completing the sign-up process that this Agreement constitutes the complete, final, exclusive, entire and fully integrated agreement between you and White Cliff with regard to its subject matter.
10. GOVERNING LAW
10.1 This Agreement shall be governed and construed in accordance with the laws of the State of New Hampshire as such laws are in effect among residents of such state and excluding the conflict of laws provision thereof. Any action brought by you arising out of or relating to this Agreement shall be instituted and litigated in the courts of the State of New Hampshire.