Terms of service
The Parnell group of companies ("Parnell") provide website content, website features and other products and services to you when you visit or shop at Parnell websites or purchase or use any of Parnell’s products for or on your pet or use any services, applications for mobile or use software provided by Parnell in connection with any of the foregoing (collectively, "Parnell Services"). Parnell provides the Parnell Services subject to the following conditions.
By using Parnell Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Parnell Services, and sometimes additional terms may apply. When you use a Parnell Service you also will be subject to the guidelines, terms and agreements applicable to that Parnell Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Parnell Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Parnell Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Parnell Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Parnell Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Parnell or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Parnell Service is the exclusive property of Parnell and protected by U.S. and international copyright laws.
TRADEMARKS
Parnell holds an array of trademarks covering our products and Parnell Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Parnell Service are trademarks or trade dress of Parnell in the U.S. and other countries. Parnell's trademarks and trade dress may not be used in connection with any product or service that is not Parnell's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Parnell. All other trademarks not owned by Parnell that appear in any Parnell Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Parnell.
PATENTS
One or more patents owned by Parnell have been applied for in relation to the Parnell Services and to the features and services accessible via the Parnell Services. Portions of the Parnell Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Parnell or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Parnell Services. This license does not include any resale or commercial use of any Parnell Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Parnell Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Parnell or its licensors, suppliers, publishers, rightsholders, or other content providers. No Parnell Service, nor any part of any Parnell Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Parnell. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Parnell without express written consent. You may not use any meta tags or any other "hidden text" utilizing Parnell's name or trademarks without the express written consent of Parnell. You may not misuse the Parnell Services. You may use the Parnell Services only as permitted by law. The licenses granted by Parnell terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any Parnell Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Parnell Services only with involvement of a parent or guardian. Parnell reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Parnell reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Parnell a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Parnell and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Parnell for all claims resulting from content you supply. Parnell has the right but not the obligation to monitor and edit or remove any activity or content. Parnell takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Parnell 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.
RETURNS, REFUNDS
Parnell does not accept returns nor offer refunds except for goods that have an obvious defect caused during the manufacture of the product. Parnell may offer a refund or replace a defective product to the extent required by law and reserves sole right to determine the authenticity of a claimed product defect upon you returning the product to Parnell at your cost. Parnell maintains a database of product quality complaints and upholds the quality of its products. There are occasions when product defects can occur without our knowledge and we will investigate all product quality complaints upon the product being returned. We do not offer refunds if your pet will not consume the products.
PRODUCT DESCRIPTIONS
Parnell attempts to be as accurate as possible. However, Parnell does not warrant that product descriptions or other content of any Parnell Service is accurate, complete, reliable, current, or error-free.
PRICING
With respect to items sold by Parnell, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Parnell 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.
SHIPPING
Parnell ships Monday through Friday excluding holidays. The shipping cut-off time is 3pm CST. Orders placed after 3pm CST will be processed the next business day. Please allow 1-2 business days for your order to process before it is shipped. Orders typically arrive within 3-7 business days.
APP PERMISSIONS
When you use apps created by Parnell, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PARNELL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PARNELL SERVICES ARE PROVIDED BY PARNELL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PARNELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PARNELL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PARNELL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PARNELL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PARNELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARNELL DOES NOT WARRANT THAT THE PARNELL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PARNELL SERVICES, PARNELL'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PARNELL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARNELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PARNELL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PARNELL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Parnell Service, or to any products or services sold or distributed by Parnell or through Parnell.com will attempt to be resolved by binding mediation before any court proceedings may be commenced by you or by Parnell.
To begin a mediation process, you must send a letter requesting mediation and describing your claim to Level 6, 7015 College Blvd, Overland Park, Kansas, 66211; ATTN: V.P. Corporate Operations. The mediation will be conducted by a jointly appointed mediator at a location and by a mediator located in the greater Kansas City area. Neither party will seek attorneys' fees and costs in mediation unless the mediator determines the claims are frivolous. You may choose to have the mediation conducted by telephone, based on written submissions, or in person at a location in the greater Kansas City area or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than by mediation we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Parnell Service, you agree that the laws of the State of Kansas have exclusive jurisdiction, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Parnell.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Level 6,
7015 College Blvd
Overland Park
KS, 66211
info@parnell.com
www.parnell.com
How to Serve a Subpoena
If you have a claim or subpoena to serve on Parnell, please note that Parnell does not accept service via mail, e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Parnell at its location of business.
Additional Parnell Software Terms
1. Use of the Parnell Software. You may use Parnell Software solely for purposes of enabling you to use and enjoy the Parnell Services as provided by Parnell, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Parnell Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Parnell Software or otherwise assign any rights to the Parnell Software in whole or in part. You may not use the Parnell Software for any illegal purpose. We may cease providing any Parnell Software and we may terminate your right to use any Parnell Software at any time. Your rights to use the Parnell Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Parnell Software that are specifically identified in related documentation may apply to that Parnell Software (or software incorporated with the Parnell Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Parnell Service is the property of Parnell or its software suppliers and protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the Parnell Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Parnell Software, whether in whole or in part, or create any derivative works from or of the Parnell Software.
4. Updates. In order to keep the Parnell Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Parnell Services. If you are a U.S. Government end user, we are licensing the Parnell Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Parnell Software are the same as the rights we grant to all others under these Conditions of Use.
