Your use of our website is subject to binding individual arbitration of any disputes which may arise, as provided below. Please read the arbitration provisions carefully and do not use our website if you are unwilling to arbitrate any disputes you may have with us as provided below.
If you do not agree to these Terms, please do not use our website.
FÜZI may, subject to the below, change these Terms and modify, add or discontinue any aspect, content or feature of our website, at its sole discretion. Your continued use or accessing of our website following the posting of any changes to the Terms constitutes your acceptance of such changes.
Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of our website, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
Our website is for your personal and non-commercial use. It contains material that is derived in whole or in part from material supplied and owned by FÜZI and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by FÜZI, you agree that you will not use our website, or duplicate, download, publish, modify or otherwise distribute or use any material in our website for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on our website other than the home page (for example, "deep linking"), without FÜZI's prior written consent. Use of our website or any materials or content on our website for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify our website or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of our website (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
If we offer registration and the creation of accounts and you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify FÜZI of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use our website. Access and use of password-protected and/or secure areas of our website are restricted to users who have been given a valid password by FÜZI. We may terminate your membership and access to our website if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change them or terminate your account.
You are responsible for your use of our website, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through our website (including posts), usernames and passwords that you provide to our website, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on our website).
It is a condition of your use of our website that you do not:
Additionally, you agree that you will not use our website to upload, post, or otherwise distribute or facilitate distribution of any material that:
Certain areas on our website and social media pages may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, "Feedback" (defined as suggestions, comments or other feedback you provide to us), posts, public or private messages or other content from you ("User Materials"). You alone are responsible for your User Materials, and once published, it cannot always be withdrawn. You assume all risks associated with your User Materials, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Materials that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your User Materials as described herein. You may not imply that your User Materials is in any way sponsored or endorsed by FÜZI.
You may expose yourself to liability if, for example, your User Materials contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. All User Materials must comply with these Terms. Specific additional rules or terms may apply to the submission of User Materials. In any event, any User Materials you send to us will not be treated as confidential.
FÜZI may use User Materials in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and social media platforms ("Other Media"). As such, you hereby irrevocably grant FÜZI and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use, including, but not limited to the right to copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, any User Materials for any purpose. Please note that you also irrevocably grant the users of our website and any Other Media the right to access User Materials in connection with their use of our website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against FÜZI and its users any claims and assertions of moral rights or attribution with respect to your User Materials. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to FÜZI the foregoing license without infringing or violating the rights of any third party. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of User Materials. You hereby confirm: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through our website does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with these Terms and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to our website or social media pages. You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.
FÜZI respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "Act") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. FÜZI, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use our website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FÜZI to locate the material on our website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send FÜZI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to our website should be sent to:
By mail: 68 Ravena St., PO BOX 1032, Hudson, OH 44236
by email: email@example.com
FÜZI suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
FÜZI owns all right, title and interest in and to our website and all materials and content contained in our website, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of our website solely for personal use. Any other use of materials on our website, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FÜZI is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of FÜZI.
FÜZI's service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by FÜZI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FÜZI.
Our website is not designed or intended for use by children under 13, and thus all users must be at least 13. If you are under 18, you should use out website only with the involvement and permission of a parent or guardian. Some portions of our website may require you to be over the age of 18 or the age of majority for your state; please see the terms and conditions of the relevant offer for more details.
While FÜZI uses reasonable efforts to include up-to-date information on the Site and other Services, FÜZI makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
FÜZI PROVIDES THE SITE AND OTHER SERVICED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FÜZI, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "FÜZI PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FÜZI DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR RISK.
NONE OF THE FÜZI PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF FÜZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE FÜZI PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, FÜZI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR OTHER SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE FÜZI PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO FÜZI IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. FÜZI SHALL NOT BE RESPONSIBLE FOR, OR HAVE ANY LIABILITY FOR, ANY ACTIONS, OMISSIONS, OCCURRENCES, INJURIES OR DAMAGES THAT OCCUR ON OR NEAR ANY THEATER OR OTHER LOCATION, OR IN CONNECTION WITH ANY SERVICE OR PRODUCT, TICKETED OR MADE AVAILABLE THROUGH FÜZI'S SERVICES OR SITES; YOU WILL LOOK SOLELY TO THE OPERATORS AND PROVIDERS OF SUCH THEATERS, LOCATIONS, SERVICES AND PRODUCTS WITH RESPECT TO ANY SUCH LIABILITY (IF ANY).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, FÜZI'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM OUR WEBSITE ARE NOT CONTROLLED BY FÜZI. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES ("THIRD PARTY TOOLS") THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, FÜZI MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY FÜZI. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.
You will indemnify and hold harmless FÜZI and its affiliates, and at FÜZI's option defend FÜZI and its affiliates, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against FÜZI or its affiliates arising out of your use of our website or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify FÜZI or its affiliates, FÜZI may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of FÜZI.
In its sole and absolute discretion, with or without notice to you, FÜZI may suspend or terminate your use of and access to our website, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via our website without prior notice and for any reason, including, but not limited to: (i) concurrent access of our website with identical user identification, (ii) permitting another person or entity to use your user identification to access our website, (iii) any unauthorized access or use of our website, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, our website, (vi) failure to use our website on a regular basis, or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing FÜZI at firstname.lastname@example.org. FÜZI shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of our website. Termination, suspension, or cancellation of our website or your access rights shall not affect any right or relief to which FÜZI may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to FÜZI.
BINDING ARBITRATION OF ALL DISPUTES
Pursuant to these Terms, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with our website, (ii) any purchases or other transactions or relationships with FÜZI, or (iii) any data or information you may provide to FÜZI or that FÜZI may gather in connection with such use, interaction or transaction(collectively, "FÜZI Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with our website, or engaging in any other FÜZI Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of FÜZI and its affiliates, regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.
FÜZI may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after FÜZI has given notice of such modifications and only on a prospective basis for claims arising from FÜZI Transactions and Relationships occurring after the effective date of such notification.
Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against FÜZI in your local small claims court within the United States, if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
Under California Civil Code Section 1789.3, California users of the FÜZI Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
All purchases of physical items from FÜZI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
FÜZI does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, FÜZI does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy on fuzipets.com.
FÜZI attempts to be as accurate as possible. However, FÜZI does not warrant that product descriptions or other content of any FÜZI products is accurate, complete, reliable, current, or error-free. If a product offered by FÜZI itself is not as described, your sole remedy is to return it in unused condition.
We cannot confirm the price of an item until you order. If the correct price of an item sold by FÜZI is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
You may not use any FÜZI Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using FÜZI Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including FÜZI Software), technology, and services.
Last updated: March 10, 2023
The FÜZI mobile message service (the "Mobile Service") is operated by FÜZI (“FÜZI”, “we”, or “us”). Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to FÜZI’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of FÜZI through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with FÜZI. Your participation in this program is completely voluntary.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Mobile Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other FÜZI mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, email email@example.com
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.