Terms & Conditions

Terms & Conditions

PetChatz Website: Terms of Use

INTRODUCTION

This website is owned and controlled by Anser Innovation and all our current and future subsidiaries, affiliates, successors and assigns, and may be operated with the assistance of third parties (collectively referred to as “we,” “us,” or similar terms). Your use of this website constitutes your agreement to these Terms of Use. The effective date of these Terms of Use is January 1, 2013.”You,” “your,” visitor,” or “user” means the individual accessing this site.

We may change these Terms of Use from time to time, and by using this website you agree to the most current version of the Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the Terms of Use.

WEBSITE CONTENT AND LIMITS ON USE

We provide this website as a service to our visitors. Unless otherwise noted, all website content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this website, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “content”) is owned or licensed by us.

When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the website, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying or any other use. If you believe any content appearing on the website, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

ADDITIONAL LICENSE OR USE TERMS

Your use of some of the products or services offered on or through this website and related web and mobile apps may require you to accept the terms of an end user or other license terms or terms of use. To the extent that those terms are inconsistent with the terms set forth in these Terms of Use, the more specific license terms or terms of use will apply.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS (INCLUDING IMAGES AND VIDEOS)

All comments, feedback, ideas, and other submissions provided to us through the website or through any other method submitted or offered in connection with the website, such as by email, telephone, or by mail (collectively, the “comments”) are and shall be and remain the sole and exclusive property of Anser Innovation, including all copyright or other intellectual property rights therein. Providing your comments to us constitutes an assignment to Anser Innovation of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.

RULES FOR USING THE WEBSITE

You agree to follow the rules listed below:

  1. You will not knowingly provide or post any false, misleading, or fraudulent information.
  2. You will not use this website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
  3. All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
  4. Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
  5. You will not hold yourself out as someone you are not or otherwise impersonate any other person.
  6. You will not interfere or tamper with the functioning of this website, nor will you attempt to gain access to information or control of the website not specifically granted to you.
  7. You will not use this website to transmit any spyware, virus or similar destructive program or code.
  8. You will not compile any database or list of other website visitors, nor will you use this website to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically authorized in conjunction with our email marketing services. In no event will you send emails that would violate the CAN-SPAM act in any way.
  9. You will not access or attempt to access any restricted portion of this website unless you have specifically been granted access.
  10. You will abide by any other rules for participation in any newsgroups, chat rooms, forums or similar features on this website. Without limiting this, you will not post advertisements in newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums.

WEBSITE ACCESS

We may discontinue all or part of this website at any time. We may block or limit your access to this website if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this website; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

LINKS

This website may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other internet sites linked to this website or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

PRIVACY

Please review our Privacy Policy to understand our privacy practices. By using this website or related products and services, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be posted on the Privacy Policy page or a similar page of the website.

WEBSITE WARRANTY DISCLAIMER

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ANSER INNOVATION EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THIS SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. ANSER INNOVATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

Please note that warranties and limitations relating to any product you purchase through this website are set forth in the specific product warranty literature.

LIMIT OF LIABILITY

ANSER INNOVATION IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE WEBSITE AND CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE SHALL BE ONE HUNDRED DOLLARS ($100.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MISCELLANEOUS

Unless otherwise specified, this website and the content thereof are displayed solely for the purpose of promoting our products and services. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota. You agree and submit to the jurisdiction and venue of such courts. You agree that in the event you have or may have any alleged claim against Anser Innovation or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website and/or your breach of these Terms of Use, including attorneys’ fees. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Terms of Use does not waive our right to act with respect to subsequent or similar failures.

Limited Warranty

Anser Innovation LLC (the “Company”) warrants to the original consumer purchaser, and not any other purchaser or subsequent owner, that its PetChatz® product, when subject to normal and proper residential use, will be free from defects in material or workmanship for a period of one (1) year from the date of receipt of product.

  1. WHAT DOES THIS LIMITED WARRANTY COVER? This limited warranty covers any defects or malfunctions in your new PetChatz® product.
  2. HOW LONG DOES THE COVERAGE LAST? This limited warranty lasts for a period of one (1) year from the date of receipt of product. Coverage terminates if you sell or otherwise transfer the PetChatz® product or the device on which the PetChatz® software is installed. Coverage also terminates should the PetChatz® product be repaired or attempted to be repaired by anyone other than the Company’s Customer Service Department.
  3. WHAT WILL THE COMPANY DO? The Company will either repair or replace the malfunctioning PetChatz® product at no charge. You will be responsible for paying the cost to ship the malfunctioning PetChatz® product to the Company’s Service Department and pay for any costs relating to removing the malfunctioning PetChatz® product and installing the repaired or replacement PetChatz® product. Any repaired or replacement PetChatz® product will be covered by this non-transferrable limited warranty for the remainder of the original warranty period.
  4. ARE THERE LIMITATIONS ON THE USE OF THIS PRODUCT? This product is designed only for use with domesticated dogs and cats. DO NOT USE THIS PRODUCT FOR ANY OTHER PURPOSE. However, this product may not work with animals of certain behavior temperaments. We recommend that you DO NOT USE this product if your animal is aggressive or exhibits destructive behavior. If you are unsure whether this product is appropriate for your animal, please consult with your veterinarian or certified trainer before you use this product. Please see the instruction manual for additional important information.
  5. WHAT IS NOT COVERED BY THE LIMITED WARRANTY? This limited warranty shall not apply to any PetChatz® product which has been damaged during shipment, abused, altered, modified, misused, abused, repaired without the prior written authorization of the Company or used in a manner not originally intended (including any commercial use).

The limited warranty DOES NOT COVER any loss of the PetChatz® product or any failure, defect or damage to the PetChatz® product:

  1. caused by any failure to follow the instructions provided in the instruction manual delivered with the PetChatz® product;
  2. caused by any Acts of God (any event beyond the reasonable control of humans, such as a flood or tornado);
  3. caused by any animal;
  4. caused by any improper installation or any installation not in accordance with the Company’s instructions;
  5. caused by events or situations beyond normal residential exposure conditions, including, without limitation, excessive heat, sunlight, moisture, excessive humidity, mold, dirt, mildew or pollution or exposure to harmful chemicals;
  6. caused by any failure of the surface on which the PetChatz® product is installed; or
  7. caused by failure to use PetChatz certified treats inside the PetChatz unit.

HOW DO YOU GET SERVICE? In order to be eligible for and obtain warranty service under this limited warranty, you MUST take the following steps:

  1. Call the Company’s Customer Care Department at 1-855-444-6544 for a Warranty Claim number and further instructions including where to ship your package.
  2. All returns must be in original packaging with all original packing materials. Returned product must be in like-new condition. Product defects due to physical damage or misuse are not covered under warranty.
  3. Include in the package a copy of your original sales receipt for the PetChatz® product. You should keep this information in a safe place.
  4. Include with the returned product the Warranty Claim number provided by the PetChatz Customer Care Department and the reason for return.
  5. Pay for all shipping costs to return the malfunctioning product to the Company. Any product that is sent freight collect will not be accepted. The Company will pay for all shipping costs to return to you a repaired or replacement product if the returned product is found to be defective.
  6. A replacement product, if warranted, will be shipped upon receipt of the returned product.

ARE THERE ANY OTHER WARRANTIES? THIS LIMITED WARRANTY IS THE ONLY WARRANTY BEING PROVIDED BY THE COMPANY TO YOU REGARDING THE PETCHATZ® PRODUCT. THE COMPANY SPECIFICALLY IS NOT PROVIDING, AND EXPRESSLY DISCLAIMS, ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. ANY IMPLIED WARRANTY WHICH MAY NOT BE DISCLAIMED IS LIMITED TO THE ORIGINAL PURCHASER FOR A PERIOD OF ONE YEAR AFTER THE ORIGINAL DATE OF PURCHASE.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

ARE THERE ANY OTHER REMEDIES? THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY (REPAIR OR REPLACEMENT OF THE PETCHATZ® PRODUCT) ARE THE ONLY REMEDIES AVAILABLE TO YOU OR ANY OTHER PERSON FOR BREACH OF WARRANTY. THE COMPANY SHALL NOT HAVE ANY LIABILITY TO YOUR OR ANY OTHER PERSON FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY (INCLUDING ANY IMPLIED WARRANTIES) OR ANY OTHER CONTRACT, NEGLIGENCE OR OTHER TORT THEORY, OR OTHERWISE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

CAN OTHER PERSONS PROVIDE WARRANTIES ON BEHALF OF THE COMPANY? No reseller, agent, employee or representative of the Company or any other person has any authority to promise anything or provide any warranty or representation concerning the PetChatz® product on behalf of the Company other than the specific limited warranty described above unless this permission has been provided in writing from Anser Innovation.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

60-Day Money Back Guarantee

During the first 60 days of ownership (based on the date your received your unit) if you are dissatisfied with your PetChatz unit you may return it for a full refund by following the instructions below*

*To maximize your enjoyment of your PetChatz® System, you should call your pet daily for a minimum of three weeks.  This allows your pet to adapt to the PetChatz Remote Engagement Experience.

  1. Contact PetChatz Customer Care at 855-444-6544 for a Return Merchandise Authorization (RMA) number and further instructions.
  2. All returns must be in original packaging with all original packing materials and components.
  3. Include in the package a copy of your original sales receipt for the PetChatz® product. You should keep this information in a safe place.
  4. Include with the returned product the Return Merchandise Authorization number provided by the PetChatz® Customer Care Department and the reason for return.
  5. You are responsible for paying for all shipping costs to return the product to the Company. Any product that is sent freight collect will not be accepted. We cannot be responsible for lost mail. For a full refund, all returns must be postmarked no later than 60 days from the date the return authorization was issued.
  6. Returned product must be in like-new condition. Damaged product will not be refunded. Because pet safety is our number one priority, we are not able to restock any consumable that has been in the possession of another customer. Consumable products include PetChatz Treatz and PetChatz Scentz products. Any consumable products are not refundable.

Subscribe & Save

When ordering the Certified Reconditioned PetChatz® HD and Subscribe & Save PetChatz Treatz plan, you agree to accept these terms and conditions.

The terms constitute the entire agreement between you and PetChatz relating to our Subscribe & Save plan. By placing an order and enrolling in the Subscribe & Save plan, you accept these terms, conditions, limitations, and requirements. Please read these terms carefully.

BENEFITS

When you purchase a Certified Reconditioned PetChatz HD and Subscribe & Save PetChatz Treatz plan you will receive treats priced the same as the store, delivered to your door! You also will be able to select flavors and treat pouch quantities delivered each month. Some of the offer details may change as you receive deliveries over time (i.e. price, taxes, availability, shipping charges). If the product is unavailable on the scheduled shipment date, you authorize us to fulfill your order with a similar product that we believe will meet your expectations.

NOTIFICATIONS; AUTOMATIC ORDER CREATION

When you order a Certified Reconditioned PetChatz HD and Subscribe & Save PetChatz Treatz plan, you will receive notice that your subscription has been created. Your subscription will thereafter automatically create a new order monthly according to the original date of purchase. Prior to the processing of each subsequent order, you will receive an order confirmation.

ELIGIBLE PURCHASES

Eligible products are only available for “free” shipping within the forty-eight (48) contiguous US states. You may choose another shipping method at your discretion and the appropriate shipping fees will be added to your order accordingly. Your participation in the subscription plan is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.

All returns under the Certified Reconditioned PetChatz HD and Subscribe & Save PetChatz Treatz plan are subject to the PetChatz Return Policy. Any consumable products are not refundable. Consumable products include PetChatz Treatz & PetChatz Scentz products. Subscriptions are void where prohibited.

PRICING; PAYMENT; RENEWAL

The amount charged for an eligible product will be the price of that product on our site at the time your order is processed. The total cost charged to your payment method for each subscription order will be the price of the product, plus any applicable shipping charges and sales tax. The charge for each subscription shipment will be billed to the payment method used on your initial order. If we are unable to complete your subscription order with that payment method, we will attempt to process that method until your payment is approved. At that time, your subscription order will resume.

Your subscription will remain in effect until it is canceled. You can cancel any time after the 12-month period without penalty. Cancellation prior to the completion of the 12-month term will be charged a $99 cancellation fee.

AGREEMENT CHANGES

PetChatz reserves the right to change Autoship benefits at any time. We may, in our sole discretion, change these Terms, (including price & eligibility, all applicable terms, conditions, limitations, and requirements on the PetChatz.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. All changes will apply to future orders, including current subscriptions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION AND PAY THE EARLY TERMINATION FEE PRIOR TO COMPLETION OF THE 12-MONTH TERM.

LAST UPDATE
These Terms & Conditions were last updated on September 6, 2018.

OUR CONTACT INFORMATION
If you have questions or comments about these Terms & Conditions, please contact us via email at support@petchatz.com or via phone at (855) 444-6544.