Terms & Conditions
Please read these terms and conditions of use (“Terms”) carefully before using this website.
Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement
and acceptance of these Terms. If you do not accept these Terms, do not use this website. Tōtus Pet Food, Inc.
reserves the right to modify the Terms at any time with or without notice to you. Such changes are effective
immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting,
and are bound by any such changes to the Terms. Tōtus Pet Food, Inc. reserves the right to revoke any or all access
and use authorizations granted to you in regard to this Site.
1. Services. The information contained on this website, including all web page documents, audio and video files, all
data and all content (the “Site” or “Website”) is provided for your use conditional upon your acceptance without
modification of the Terms. This Website is owned and operated by Tōtus Pet Food, Inc. and its affiliates. Tōtus Pet
Food, Inc. provides you with access to a variety of resources, including but not limited to product information and
product purchasing (collectively “Services”).
2. Use Limitation. While we encourage you to print information to help you shop, unless otherwise specified, no
products or Services on this Site, including but not limited to the content of the Site, may be modified, copied,
downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create
works from or used in any other way, except with prior written permission of Tōtus Pet Food, Inc. and with express
attribution to Tōtus Pet Food, Inc. . You may not alter or attempt to alter any material on the Site, or the Site
itself. You also may not, without our permission, “mirror” any material contained on this Site or any other server.
Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of
privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 14
years of age and that if you are younger than 14 you will not use this Site.
3. Subscription. Our subscription
plan consists of an initial charge followed by recurring charges, as stated in the Tōtus Pet Food, Inc. . FAQ’s. You
acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for
all recurring charges prior to cancellation. We may submit periodic charges without further authorization from you
until you cancel your subscription or change your payment method.
4. No Unlawful or Prohibited Use. Please feel free to browse the Site; however, your access and use of the Site is
subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable,
overburden, or impair any Tōtus Pet Food, Inc. server, or interfere with any other person’s use and enjoyment of the
Site, other accounts, computer systems or networks connected to any Tōtus Pet Food, Inc. server or to the Site,
through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through this Site. Your rights to use this Site may
be further limited by federal law or the laws or regulations in your particular state or locality. Tōtus Pet Food,
Inc. , in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your
use of the Site.
5. Ownership, Copyright And Trademark. You agree and acknowledge that Tōtus Pet Food, Inc. is
the
owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not
challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright,
trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site
may violate such laws. The trademarks, logos, and service marks used and displayed on this Site (the “Trademarks”)
are registered and unregistered trademarks of Tōtus Pet Food, Inc. and others. Under no circumstances may you use
any of the Trademarks, whether owned by or licensed to us. Nothing on this Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the
Trademark owner. If you make any copies of the Site, or portions of the Site, such copies must include the
appropriate copyright, trademark, or other proprietary notices. No links may be established to any part of this Site
and no information on this Site may be framed without our prior written approval. If you believe that any of your
work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide
Tōtus Pet Food, Inc. with the following information: 1) a description of your work that you believe was infringed;
2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact
information - name address, telephone number and email address. This information should be accompanied by a
statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of
perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
6. Duration of This Agreement. This Agreement will continue to be effective
until
you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you
obtained from this Site, and by ceasing to use the Site in any way. We may terminate this Agreement immediately and
without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of
this Agreement or if we decide to modify the terms and conditions governing future use of the Site.
7. Information
Provided By You. We do not want you to, and you agree through the use of this Website, that you will not send any
confidential or proprietary information belonging to you or any other entity to us unless specifically requested by
us. Any material information or idea you transmit to or post on this Site by any means will be treated as
non-confidential and non-proprietary, and may be disseminated or used by Tōtus Pet Food, Inc. or its affiliates for
any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, personal data provided to Breuer Premium through this Site will be handled in
accordance with Tōtus Pet Food, Inc. ’s Privacy Policy, which is available at this link, incorporated into these
Terms and made a part hereof. Any contact or communication which you may make with us or our employees via this Site
must be for Tōtus Pet Food, Inc. business-related purposes and all such communications are property of Tōtus Pet
Food, Inc. , and subject to review and monitoring by us. You are prohibited from posting or transmitting to this
Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, bigoted,
hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability
under the law. You understand that information transmitted over public networks may be accessed by third parties and
Tōtus Pet Food, Inc. will not be liable for any such unauthorized disclosure. Tōtus Pet Food, Inc. and its employees
do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new
products or technologies, processes, materials, marketing plans or new product names. Please do not send any
original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential
misunderstandings or disputes when Tōtus Pet Food, Inc. ’s products or marketing strategies might seem similar to
ideas submitted to Tōtus Pet Food, Inc. . So, please do not send your unsolicited ideas to Tōtus Pet Food, Inc. .
If, despite our request that you not send us your ideas and materials, you still send them, please understand that
Tōtus Pet Food, Inc. makes no assurances that your ideas and materials will be treated as confidential or
proprietary.
8. Third Party Content and Linked Sites. You acknowledge that the opinions and recommendations
expressed or made available in this Site are those of the respective author(s) and are not necessarily those of
Tōtus Pet Food, Inc. or endorsed by Tōtus Pet Food, Inc. . This Site contains links to other sites created and
maintained by other organizations, which may or may not be related to Tōtus Pet Food, Inc. . These links are
provided for your convenience and are for reference only and you agree that links do not imply that Tōtus Pet Food,
Inc. is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo
or copyright of Tōtus Pet Food, Inc. . You understand that the linked sites are not controlled by Tōtus Pet Food,
Inc. and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve
the right to disable links, but we are not obligated to do so.
9. Member Account, Password and Security. If
any
of
the Services requires you to open an account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable registration form. You will choose a
password and a user name. You are responsible for maintaining the confidentiality of your password and account.
Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify Tōtus
Pet Food, Inc. v immediately of any unauthorized use of your account or any other breach of security of which you
become aware. Tōtus Pet Food, Inc. will not be liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge. However, you could be held liable for losses
incurred by Tōtus Pet Food, Inc. or another party due to someone else using your account or password. You may not
use anyone else’s account at any time, without the permission of the account holder.
10. Disclaimer of
Warranties
and
Limitations of Liability. Your use and browsing of this Site is at your sole risk. If you are dissatisfied with the
Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue
accessing and using the Site. THIS WEBSITE, AND THE INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAWS, BOTH CURRENT AND FUTURE, BREUER PREMIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER
VIOLATIONS OF RIGHTS. BREUER PREMIUM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT
THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREUER PREMIUM (INCLUDING ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET
ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS
OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE
DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF
PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM
MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES
SHALL BREUER PREMIUM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
11. Jurisdiction And Governing Law. Tōtus Pet Food,
Inc.
operates and controls this Site (excluding linked sites) from its offices within the State of Connecticut, United
States of America. You agree that the statutes and laws of the State of Connecticut, without regard to its conflicts
of law principles, will apply to all matters regarding the use of this Site. You also agree to submit to the
exclusive personal jurisdiction and venue of the state and federal courts in and for Connecticut with respect to
such matters. Tōtus Pet Food, Inc. makes no representation that the Site or the materials displayed on the Site are
appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download
the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for
complying with the laws of other jurisdictions.
12. International Users. Materials published at this Site may
refer
to products, programs or services that are not available in your country. Tōtus Pet Food, Inc. makes no
representation that this Site or the materials at this Site are appropriate or available for use at locations
outside of the United States and access to them from territories where their contents are illegal is prohibited. You
may not use the Site or export information or materials at this Site in violation of the export or other laws,
regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other
country. If you access this Site from a location outside of the United States, you are responsible for compliance
with all applicable laws. By using this Site you represent and warrant that you are not located in, under the
control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
13. Delivery Area We
may
change our delivery zones at any time and without notice. To determine whether we deliver to a specified address
please enter an address into our signup process or email us at [email protected] 14. Returns and Refunds We do
not
accept returns of perishable products or opened items. Return requests on no-perishable, unopened items must be made
within 2 weeks of receipt and include all original packaging. we will issue a refund, less a $5 restocking fee, upon
receipt of the returned items. Refunds may be made at our discretion in the event of any problems with the Products.
Subscription Cancellations will take effect 7 days after the cancellation date.
15. PremierPaws Rewards Program As a PremierePaws member, you are subject to Tōtus Pet Food's Terms of Use and Privacy
Policy (both available on our website), as well as the following additional Terms & Conditions for Tōtus Pet Food's
PremierePaws Rewards program:
- Reward Payments. Rewards will be issued via discount codes that you can apply to your next subscription order or one-time only purchase. As a Referrer, you are responsible for all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Tōtus Pet Food, Inc. 's PremierePaws Rewards program cannot be used by businesses for affiliate lead generation as determined in Tōtus Pet Food, Inc. ' s sole discretion. (Corporations are not people, my friend!)
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Tōtus Pet Food, Inc. 's PremierePaws Rewards program.
- Right to Close Accounts. Tōtus Pet Food, Inc. reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Tōtus Pet Food, Inc. PremierePaws Rewards program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute, or governmental regulation.
- Right to Cancel Program or Change Terms. Tōtus Pet Food, Inc. reserves the right to cancel the PremierePaws Rewards Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.