By accessing or using the websites, web application, or blogs (collectively, the “Sites”) provided by PARVGONE, LLC or our affiliates (collectively, “Parvgone,” “we,” “us,” or “our”), you agree to be bound by these Terms and all of the terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the products and services made available through the Sites (collectively, the “Products”).
2. USE OF THIS WEBSITE BY CHILDREN
The Website is not intended for use by children under the age of eighteen (18). In order to access the Website, you represent that you are eighteen (18) years of age or older. If you are under eighteen (18) years of age, you are not authorized to use the Website and should immediately discontinue use of the Website and/or corresponding applications and services provided by Parvgone.
3. TERMS OF SALE/USE
The information contained within this site is not intended as a substitute for professional medical or veterinary advice. We are not veterinarians and DO NOT offer veterinary advice. If your pet has, or you suspect your pet has any medical condition you are urged to consult your veterinarian. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Medical conditions can only be diagnosed by a licensed veterinarian.*Results May Vary. Not intended for human consumption. Please consult your veterinarian regarding any change in treatment or supplementation.
4. PAYMENT AND BILLING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
Products purchased by and shipped to users in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes (“State Tax”). Products purchased and shipped to users in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively, with State Tax, “Taxes”). The amount of Taxes is based on a number of
factors, including but not limited to the type of Products purchased, your billing address or the location of the designated delivery address if different from the billing address.
5. RETURN POLICY
We send Orders for delivery through third-party carriers. You are responsible for inspecting all Products you receive for any damage or other issues upon delivery, including that the Product is sealed and unopened. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper handling, preparation, storage, use and consumption of the Products following delivery.
We accept returns on all products within 5 days of receipt. Claims made after 5 days of receipt of purchase are deemed invalid and not available for a refund. You must email us within 5 days of receipt for return/exchange instructions. SHIPPING COSTS ARE NON-REFUNDABLE. Products must be in its original packaging and in an unopened condition. You are responsible for the cost of shipping when return the Products.
6. NO RESALE
You are not permitted to resell or otherwise use the Products for commercial purposes without our express permission.
7. LICENSE TO ACCESS AND USE OUR SITES AND CONTENT
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Parvgone logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Content”) are our proprietary property or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and you will not (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Parvgone or any third party, whether by estoppel, implication, or otherwise. This license is revocable at any time.
8. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct; use or attempt to use another user’s account without authorization from such user and Parvgone; use the Sites in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden, or impair the functioning of the Sites in any manner; reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Sites; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; develop any third party applications that interact with User Content or the Sites without our prior written consent; use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Sites, extract data, or otherwise interfere with or modify the rendering of Site pages or functionality; bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Parvgone, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Parvgone Parties”), from and against all actual or alleged Parvgone Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products including, but not limited to, microbiome Products and data, human consumption of Products designed for pets, misuse of the Product, or feeding in violation of recommendations), (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify us of any third party Claims and cooperate with the Parvgone Parties in defending such Claims. You further agree that the Parvgone Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between us.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ACKNOWLEDGE THAT WE HAVE NO LIABILITY WHATSOEVER FOR HUMAN CONSUMPTION OF PRODUCTS DESIGNED FOR PETS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR PET MAY HAVE
AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE YOU OR YOUR PET HANDLE, PREPARE, USE OR CONSUME SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE MAY STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING, EXTRUDING OR OTHER PREPARATION METHODS AND VARIABILITY OF PREPARATION EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARVGONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
11. LIMITATION OF LIABILITY; RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARVGONE OR ANY OF THE OTHER PARVGONE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT, OR USE OF ANY PRODUCT OR
OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PARVGONE AND THE OTHER PARVGONE PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM US EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PARVGONE AND THE OTHER PARVGONE PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE PARVGONE AND THE OTHER PARVGONE PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARVGONE PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
12. MODIFICATION TO THE SITES AND PRODUCTS
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from the Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
14. Governing Law/Miscellaneous
We control and operate this Website from our offices in the State of Arizona, United States of America. We welcome visitors from all parts of the world; however, all visitors acknowledge that this Website, and all content and Products available on and through this Website, are governed by the laws of the United States of America and the laws of the State of Arizona.
At this time, Parvgone ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Parvgone ships merchandise to Canada along with other international borders. Please refer to the shipping company for international shipping terms and conditions. The risk of loss and title for all merchandise ordered on this Website passes to you when the merchandise is delivered to the shipping carrier. All orders made Monday through Friday before 2 P.M. mountain standard time will be processed and shipped that same day. Orders made after 2 P.M. along with Saturday & Sunday including after hours orders will be processed and shipped the next business day. Shipping costs are non-refundable.
2. COMPLIANCE WITH LAWS
It is the policy of Parvgone to adhere to all applicable laws and principles affecting the collection, processing, and maintenance of Personal Information.
3. PERSONALLY IDENTIFIABLE INFORMATION
When you register with any application or service provided by Pargone, you may complete a registration form that requires you to provide Personal Information (including, without limitation, your name and email address).
4. ANNOUNCEMENT EMAIL INFORMATION
From time to time, we may provide information about our products to our customers in the form of email. If you register with a Parvgone service or application, you will have the option to opt-in/out of Announcement Emails. After successfully registering, you have the option to set your opt-in/out preference using the settings provided by the service or application. Announcement Emails will be emailed directly to the address that you provide when you register.
We may place email links and or forms on our Website to allow you to contact us directly. The Personal Information you provide in these links and forms is used to respond directly to your questions or comments. We may also file your comments to improve our website, products, or process, or review and discard the Personal Information. All information, other than the Personal Information that you send to Parvgone using these email links or forms, will not be considered or treated as confidential information. Do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential or that you want to be treated as confidential.
5. USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
We may use Personal Information to respond to your inquiries, improve our marketing and promotional efforts, to analyze application and service offers, and to customize our services and application(s). We may use Personal Information to deliver information to you and to contact you regarding administrative notices. We may also use Personal Information to resolve disputes and troubleshoot problems. We may use additional information not considered Personally Identifiable to analyze and improve troubleshooting techniques and responses, and to improve the value of application(s) and services provided by Parvgone or third parties.
As you use any service provided by Parvgone information from your device and your activity using the service will be logged. This may include your device’s IP address, browser type, the web page visited before you came to our website, information you search for on the service, locale and language preferences, device unique identifiers, your mobile carrier, timestamps associated with requests you make, system and app configuration information, and other related interactions with the service. Services you use provided by Parvgone are logged for general analytic information (through Parvgone services or using third party services). This includes information such as browser cookies, IP addresses, and the like, which may be associated with Personal Information. This analytic information is only used to maintain a high-quality service for our customers when using any Parvgone service. It is also used for the technical administration of the service, to aid in deciding which features of a service are important, and to aid in Parvgone providing quality customer support
7. REQUIRED DISCLOSURES
Parvgone may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to prevent injury or property damage. We will usually attempt to notify you when we are making such a disclosure, but we may not do so in an emergency or when we are prohibited by law or court order from giving such notice.
8. INFORMATION SHARING AND THIRD-PARTY SERVICES PARTNERS
Parvgone does not rent, sell, or share personal information about you with other people or non- affiliated companies without your consent or unless we have a good faith belief that access, use, preservation, or disclosure is reasonably necessary to (a) satisfy any law, regulation, legal process or enforceable governmental request, (b) enforce any applicable Terms of Service (including investigation of potential violations thereof), or (c) detect, prevent or otherwise address fraud, security, or technical issues. Parvgone and its Service Partners (affiliates, service providers, partners and other third parties) may use your Personal Information to operate and deliver their products and services.
9. OPT-OUT POLICY
We treat any and all contact information you voluntarily provide to us as highly confidential. We do not sell or give away this information to anyone. We may occasionally send communications to the contact information you voluntarily provide to us about new or updated products, general information about our products, and other information related to our products. We think your time is very valuable and we try to keep the number of these emails low.
If, for any reason, you change your mind about receiving general announcement or other informational communications from Parvgone, you can opt out by clicking the unsubscribe link at the bottom of any of these email communications. Alternatively, you can opt out by visiting your account settings using a web browser and deselect the check box next to, “receive announcement emails.”
In the case where you decline the consent to receive marketing and promotional materials, we will not send you any additional materials other than those required by our service agreement with you, for example account emails, subscription emails, and service emails. You may also still receive emails when
actively using your account based on your task notification preferences, your activity in purchasing access to premium accounts, and other service and account related activities.
11. EU USERS AND OUR LAWFUL BASIS FOR USING YOUR DATA
Data protection law in Europe contains a number of legal justifications for allowing us to have and use your personal information. We comply with the GDPR and want to ensure we have a lawful basis for using all EU user data. Our lawful reasons include:
Performing our contract with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver access to requests for Parvgone® literature.
Legal compliance: Sometimes the law says we need to collect and use your data. For example, we might pass on details of people involved in fraud or other criminal activity to law enforcement.
Legitimate interests: if we have a good and fair reason to use your data and we do so in ways which do not materially impact your interests and rights, then we’re in compliance. We sometimes require your data to pursue our legitimate interests in a manner that might reasonably be expected as part of running our business. For example, we will send you communications about our service and products, subject to your legal rights to opt-out. We also analyze how Users interact with our Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to develop and improve the quality of the online experience we offer all our Users.
Parv-gone reserves the right to change its payment procedures at any time without prior notice to you. Returns are valid within 5 days of purchase of products: Parv-gone and or Dist-gone. Claims made after 5 days of purchase are deemed invalid and not available for a refund. You must email us within 5 days of receipt for return/exchange instructions. SHIPPING COST IS NON-REFUNDABLE. Merchandise must be in original package and unopened condition. Customer is responsible for the cost of shipping when returning ParvGone.
Shipping & Payment Information
At this time, Parv-gone ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Parv-gone ships merchandise to Canada along with other international borders. Please refer to the shipping company for International shipping terms and conditions. The risk of loss and title for all merchandise ordered on this Web site passes to you when the merchandise is delivered to the shipping carrier. All orders made Monday through Friday before 2pm mountain standard time will be processed and shipped that same day. Orders made after 2pm along with Saturday & Sunday including after hours orders will be processed and shipped the next business day. Shipping cost is non-refundable.