ModaPet Policies & Warranties
ModaPet recognizes the importance of protecting the privacy of all information provided by users of our web sites. We created this policy with a fundamental respect for our customers' right to privacy. ModaPet will not sell, rent, or trade customer information to third parties.
Whenever you access pages requesting or presenting sensitive financial or personal data, we will encrypt the data to prevent others from accessing it while in transit. We utilize Secure Socket Layer (SSL) encryption for this purpose. Most browsers display a padlock icon when SSL is being used on a secure page. We require the use of 128-bit SSL encryption in order to protect sensitive information.
Due to our security standard, you must use a browser that supports the use of 128-bit SSL encryption to access secure information over the Internet. AOL 6.0 or above, Microsoft Internet Explorer 5.0 or above, and Netscape Navigator 4.0 or above all can support this level of encryption.
You may use the Site when and as available. Although we generally intend the Site to be available 24/7, it will not always be available (e.g., during maintenance, changes, outages and for other reasons we determine). We reserve the right to change or eliminate, and restrict or block access to all or any part of the Site from time to time without notice.
Supplemental terms may appear on the Site in connection with particular activities or transactions if we have rules for the activity (for examples, see below). These Terms do not alter in any way the terms or conditions of any other agreement you may have with ModaPet, or its subsidiaries or affiliates, for products, services or otherwise. Further, these Terms do not interfere with the separate contracts and privacy policies of third parties with whom you contract with.
Many products displayed on our Site are also available retail stores while supplies last. We prefer you support a local retailer but you should not assume that what you see on the Site can always be seen in stores. Also, prices displayed on the Site might be different than in the stores or from store advertised prices.
Several Site activities require passwords (e.g., if you establish one to create "Your Account"). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.
ModaPet's Content. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to descriptions of events, locations, products and services, pricing, product availability and tracking or other information. Also note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product. We reserve the right to correct any Inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you.
Even if there is no Inaccuracy, the product descriptions and all other information are intended only to be indicative including shipping timelines and other information. No information is intended to be a guaranty or warranty, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis as well. No information provided on the Site is a substitute for qualified instruction or personal experience. ModaPet assumes no liability for the use of or reliance on information - it is your responsibility to have the proper knowledge, experience and gear to enjoy outdoor and indoor activities safely.
Our Ownership of Content; MODAPET All Rights Reserved. All Content* on or relating to the Site is the property of ModaPet or its affiliates, licensors or suppliers and is protected by U.S. and international copyright, patent, trademark, trade dress and/or other intellectual property or additional laws, by this contract or notices, and by robot exclusion headers and other technological measures. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms and any supplemental terms provided with the Content, or with our prior explicit consent in a separate record; all rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you - all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods or services subject to these Terms. * As used herein, "Content" means (without limitation) all information, data, text, design, graphics, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Site. Some content is also subject to further terms and conditions provided in connection with the particular Content.
You agree to respect the intellectual property and other informational rights of us and others. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to our copyright agent - see "Legal Notices." It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
ModaPet wants to know what you think. We welcome your input but only under our policies and only for non-confidential information that you own by yourself. You are solely responsible for what you provide and agree to save, defend, indemnify and hold us harmless from and against any claims made regarding your Submissions.
When we expressly ask you to give us Submissions, it is usually because we want your input on a product, service or survey. Right now, we ask for any Submissions you'd like to make about our Site, services or products so that we can improve them. We assume when we ask, however, that you are willing to provide input without getting paid or receiving other compensation. Sometimes for particular surveys or topics, we might include an express statement that we will provide a discount or coupon, but that will depend on the particular request (and the above general request does not include any such statement).
We do not want to receive Submissions if you expect to be paid or want to continue to own or claim rights in them (e.g., if you want to be a patent owner or to exercise intellectual property or other rights in them). For example, if you have a great idea for a new product that you think we ought to make, but you also want to share in any resulting patent or profits, do not make your Submission. We do not want and will not accept such Submissions (regardless of what your communication may say about acceptance): your idea might be great, but we might have had the same or a similar idea and we don't want disputes. Accordingly, do not make a Submission unless you are willing to be bound by this policy.
UNDER BOTH POLICIES, IF YOU MAKE A SUBMISSION TO MODAPET THEN THAT WILL BE YOUR ACCEPTANCE OF MODAPET'S POLICY (SOLICITED OR UNSOLICITED, AS THE CASE MAY BE) AND WILL ALSO BE:
(1) your assignment to ModaPet of all of your rights (worldwide), title, interest and goodwill in the Submission;
(2) your agreement that ModaPet will become the sole owner of the Submission upon ModaPet's receipt of it and may use it (or not use it) for all possible purposes and in all possible media, now or later known or unknown; and
(3) your agreement that ModaPet is and shall be under no obligation to
(a) maintain any Submission in confidence;
(b) respond to or provide credit for any Submission; or
(c) pay or provide any other consideration to you or anyone else for a Submission. However, with respect to Solicited Submissions, if we say in our solicitation that will provide a coupon or other consideration, then we will do so as your sole and exclusive compensation.
"Submission" means all reviews, comments, feedback, videos, postal mail, e-mails or other communications, suggestions, ideas, copyrighted works, information and anything else submitted or offered to us by you electronically, non-electronically, orally or otherwise.
ModaPet Blogs, Podcasts etc. The Site may also include discussion forums, user generated content or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials or other items on the Site ("Interactive Areas"). The Submissions policies apply to these Interactive Areas. In addition, you agree that you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
(a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or solicitations;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of ModaPet, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose ModaPet or its users to any harm or liability of any type.
If you post User Content to the Site, unless we indicate otherwise, you grant ModaPet and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant ModaPet and its affiliates and sub-licensee the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and ModaPet for violations of these Terms. Items that you purchase may not be purchased for resale to others and we may limit quantities.
You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:
ModaPet works hard to give the best, please help us out. You agree to supply only accurate, current and complete (collectively "Accurate") information when setting up an account on the Site, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always Accurate. ModaPet reserves the right to purge or delete information stored by members in its discretion.
- attempt to access any service or area of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or to extract data;
- reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
- access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms;
- take any action which might impose a significant burden (as determined by us) on Site infrastructure;
- interfere with the ordinary operation or mission of the Site or services; and
- "frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
You agree that our site and all content, services and functionality (collectively, "complete site") are provided by us or any of our existing or future affiliates, suppliers or agents "as is" and "with all faults," and the entire risk as to the satisfactory quality, performance, accuracy and effort is with you. We do not make any representations or express warranties. Except for duties of good faith, we disclaim all warranties, conditions and duties, express, implied or statutory, including but not limited to any (if any) implied warranties, duties or conditions: (a) of merchantability, of fitness for a particular purpose or use, of results, and of accuracy, completeness, privacy or security; and (b) created by trade usage, course of dealing or course of performance. We further disclaim all duties to you, if any such duties exist, including but not limited to reasonable care, workmanlike effort, and lack of negligence. If a duty cannot be disclaimed, you agree that the standard used to measure our performance of that duty will be intentional misconduct. Also, there is no warranty of title or against interference with your enjoyment of any aspect of the complete site, or against infringement. You expressly waive all duties, conditions and all warranties that might exist but for this paragraph.
To the full extent allowed by law, you agree that neither we nor any of our existing or future affiliates, suppliers or agents will be liable to you and/or any other person for any special, incidental, punitive, consequential or general damages that are similar to those, or for damages for: lost profits, for loss or impairment of privacy, security or data, for failure to meet any duty (including but not limited to any duty of good faith, workmanlike effort or of lack of negligence), or for any other similar damages whatsoever that arise out of or are related to any breach or other aspect of the entire agreement (as defined below) or complete site, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.
You agree that your sole, aggregate remedy for any breach of the entire agreement (as defined below) and for any cause of action of any nature (including without limitation, tort) relating to any aspect of the entire agreement or the complete site shall be, at our option: (1) repair, substitution, replacement or correction of all or part of the content, act or item giving rise to damages incurred in reasonable reliance and not excluded above; or (2) the amount of damages not excluded above that you actually incur in reasonable reliance, which amount shall not exceed the amount (if any) you actually paid for the content, act or item causing said damages. The damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose.
ModaPets Agreement. Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under the terms listed on our page will survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
About ModaPets Site. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement. You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Complete Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of Nevada, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made. You agree that any disputes shall be heard exclusively in the appropriate forum in Nevada. You also consent to jurisdiction in a state or federal court sitting in Washoe, County, Nevada and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Nevada or federal law.
You agree that we may amend these Terms from time to time, including by changing (e.g., by adding, altering, deleting, increasing or decreasing or anything else) anything in these Terms ("Amendments"). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version ("Effective Date") - we will try to do that ten days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession (except that if we've already accepted your order then we'll fill it at the price in effect on your order date regarding items in stock). No Amendments will be effective unless we post them on our Site. You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. If you terminate, you will still be entitled to any membership refund accruing before termination. Notwithstanding the foregoing, you agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service - if you do not agree, do not proceed with your order.
These Terms, including items incorporated into them and any (a) additional terms on the Site or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement.
All prices are shown in U.S. dollars and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
If an items is not available you will be asked to contact us on our toll free customer service line to discuss availability of the product.
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
If you believe a product is defective, please call 775-954-2020 for return instructions applicable under the ModaPet Warranty Policy.
Notice About Trademarks
ModaPet is a registered trademarkt. There are other trademarks, product names and logos on the site that is the property of the respective owner. You may not use any of the trademarks displayed on this site or any content. All rights are reserved.
Notice: No Harvesting or Dictionary Attacks Allowed
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
What should you do if you have a product warranty?
You can return any ModaPet product within terms of our warranty directly to this address:
ModaPet Warranty Department
661 Sierra Rose Dr.
Reno, Nevada 89511
Include your name, address, phone number, and a brief description of the problem
We warrant our products for one year from purchase date and only to the original retail buyer that our products are free from defects in material and workmanship. If you discover a covered defect, you should deliver the Product to us at the address listed below. We will replace such Product free of charge. That is the extent of our liability under this Warranty and, upon expiration of the applicable warranty period, all such liability shall terminate.
We do not warranty Products against normal wear and tear, improper use, improper maintenance, accident, misuse, negligence, damage, or if the Product is used for a purpose for which it was not designed. This Warranty gives you specific rights, and you may also have other rights which vary from state to state. Except for expressly stated in this Warranty, we shall not be liable for direct, indirect, incidental, or other types of damages arising out of, or resulting from the use of Product. This Warranty is in lieu of all other warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose (some states do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on the duration of an implied warranty, so the above exclusions may not apply to you).
Warranty/Repair Contact Information:
661 Sierra Rose Dr.
Reno, Nevada 89511
ModaPet Bowls Sales-Shipping & Handling Policy
Standard shipping and handling will be $4.95 per bowl. The order will go standard ground. For faster delivery options, please call 775.852.2200 to get a quote.
ModaPet Bowls offers several shipping options:
- FedEx Standard Overnight - Products shipped prior 1:00 PM (PST) are normally delivered by 3:00 PM local time (1) day after shipment.
Standard Overnight is Mon-Fri. We do not deliver on Saturdays.
- FedEx 2-Day - Products shipped prior 1:00 PM (PST) are normally delivered by 4:30 PM local time (2) days after shipment.
- FedEx Ground - Products shipped prior to 1:00 p.m. Pacific time are normally delivered by 4:30 p.m. local time within (5) business days after shipment, depending on location.
- FedEx International - Orders being shipped to countries other than the US and Canada are normally delivered six business days after shipment.
We are open Mon-Fri 8AM-4PM PST (excluding holidays). Any special features for shipping requirements will be charged in addition to the shipping fees i.e. (signature required, etc.) All shipments going to AK, HI or Canada please call for pricing. International Shipments may be subject to extra charges, please call for pricing.
IF YOU HAVE ANY QUESTIONS PLEASE CALL US AT 1-775-852-2200
Remember that these estimates are for time in transit only, and that they do not apply until the product leaves ModaPet's warehouse. As the delivery of your order is beyond ModaPet's control once your order leaves ModaPet's facilities, ModaPet cannot assume liability for late deliveries, regardless of the delivery method you specify.
Undeliverable Packages: Occasionally packages are returned to ModaPet as undeliverable. When the carrier returns an undeliverable package to ModaPet, please contact ModaPet to make arrangements for re-shipment.
Failed Delivery Attempts: Most of ModaPet's carriers make three attempts to deliver a package. After three delivery attempts, the carrier will return the package to ModaPet.
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. ModaPet does not begin payment processing until ModaPet receives all of the information that it needs and full payment or a full authorization, in the case of credit card.
ModaPet will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding federal holidays. Please allow at least 24-48 hours for order processing. Pre-orders placed with a credit card will not be charged until the order ships.
Your order for in-stock items that are eligible for same-day shipping must be received before 1:00 p.m. Pacific time, pending payment processing, for there to be adequate remaining time in the day for your order to be dispatched.
If you purchase a product directly through ModaPet: www.modapet.com, you may return the product if you are dissatisfied with it, and ModaPet will refund the amount paid for the returned product less shipping charges. Non-defective refund requests must be made directly through ModaPet. All non-defective products must be returned within thirty (30) days of the date of original purchase and include proof of purchase. Please consider this time frame including the transit time it will take to reach us.
Please contact firstname.lastname@example.org for instructions on returns.
You must include a copy of the original sales receipt for the returned product. Incomplete returns will not be accepted. ModaPet is not liable for products that are damaged, sent improperly, lost due to postal error or do not reach us. We will also not accept returned items that, at our discretion, have been worn, misused, broken, or damaged. We recommend that you ship products to ModaPet insured for the full retail value and able to be tracked. Customers outside the United States are responsible for paying customs fees, including, but not limited to, taxes, duties and brokerage. Once ModaPet receives your returned product (usually within 7-10 days) you will be issued a refund less the original shipping fees.
Please Note ModaPet does not control when your specific credit card company processes a charge back transaction. You are responsible for contacting your credit card company if you have questions about the status of the charge back.
IF YOU HAVE ANY QUESTIONS PLEASE CALL US AT 775-852-2200