Introduction
This website, www.baystatepet.com (the Website), is intended to provide information and products for individuals looking for Bay State Pet & Garden Supply Inc. products. This Website is provided to you, and if you are a minor, also to your parents or legal guardians (collectively, "you" or "your"), under these "Terms & Conditions" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by Bay State Pet & Garden Supply Inc. ("Bay State Pet & Garden Supply Inc.," "we," "us") from time to time. Your use of this Website, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you do not use the Web Site or order any items from it.
We will use the information you provide to process and ship your orders (including disclosing your name and address to fulfillment houses and delivery services such as FedEx, UPS or USPS); to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information for each subsequent order; and as otherwise indicated by our site's Privacy Policy.
Contact Information
If you have any questions or concerns with respect to this Agreement or the Web Site, you may contact a representative of Bay State Pet & Garden Supply Inc. by email at
[email protected] or by phone at 508-821-3704.
Web Site Intended Audience
This website is intended for visitors from the United States. If you reside outside of the United States, you can call us. The Web Site is not intended for any children under the age of 13.
Modification or Suspension of the Web Site
You agree that Bay State Pet & Garden Supply Inc. may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Bay State Pet & Garden Supply Inc. will not be liable for the consequences of doing so.
Ownership
The Website is owned by Bay State Pet & Garden Supply Inc. All rights, title, and interest to the content displayed on the Website (excluding User Content, as defined below), including but not limited to the Website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Bay State Pet & Garden Supply Inc. or its partners, agents or third parties.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Bay State Pet & Garden Supply Inc. herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including without limitation, any software) available through the Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Web Site for the sole purpose of placing an order via the Web Site or using the Web Site as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Web Site in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission of Bay State Pet & Garden Supply Inc. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Bay State Pet & Garden Supply Inc. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Bay State Pet & Garden Supply Inc.’s Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Links to Other Sites
The Website may provide links to other sites and/or resources, including advertisers, over which Bay State Pet & Garden Supply Inc. has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Bay State Pet & Garden Supply Inc. of content, items, or services on those third-party Websites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. Bay State Pet & Garden Supply Inc. makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that Bay State Pet & Garden Supply Inc. has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. Once you leave this Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.
Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS PROFESSIONAL OR EXPERT ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR ADVICE AND SERVICES FROM A QUALIFIED PROFESSIONAL FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. BAY STATE PET & GARDEN SUPPLY INC. AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE BAY STATE PET & GARDEN SUPPLY INC. STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, BAY STATE PET & GARDEN SUPPLY INC. CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties With Respect to Use of Web Site
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAY STATE PET & GARDEN SUPPLY INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BAY STATE PET & GARDEN SUPPLY INC. DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BAY STATE PET & GARDEN SUPPLY INC. MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAY STATE PET & GARDEN SUPPLY INC. OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Purchasing Items on Baystatepet.com
Bay State Pet & Garden Supply Inc. attempts to describe the items available on the website as accurately as possible, and depict the most up-to-date product packaging available. Bay State Pet & Garden Supply Inc. does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the site will match the actual product that you receive. If a product described on the website is not as described when you receive it, or the packaging on the site does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition, using the guidelines in our Returns Policy.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web Site and when errors are discovered, we will correct them. Be advised that Bay State Pet & Garden Supply Inc. reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.
Risk of Loss
All items purchased from the Web Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. You may return items to the Web Site in accordance with our Returns Policy as listed in the Web Site under Customer Service.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Bay State Pet & Garden Supply Inc., ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES.
Indemnification
You agree to indemnify and hold harmless Bay State Pet & Garden Supply Inc., its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; information you submit or transmit through the Web Site; your breach of this Agreement; and your connection to the Web Site.
Termination
You agree that Bay State Pet & Garden Supply Inc. may, in its sole discretion, and at any time, terminate your use of the Web Site, without prior notice to you, for any reason that Bay State Pet & Garden Supply Inc., in its sole discretion, deems appropriate. You further agree that Bay State Pet & Garden Supply Inc. will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Privacy
The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy and Legal Notice. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against Bay State Pet & Garden Supply Inc.
You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law
The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of Massachusetts, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Bay State Pet & Garden Supply Inc. and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Modifications to the Agreement
Bay State Pet & Garden Supply Inc. may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. The "Last Modified" date at the top of these Terms of Use. will indicate when the latest changes were made. Your continued use of the Website, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Electronic Communications
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Trademark Notices
Bay State Pet & Garden Supply Inc.® is a registered trademark of Bay State Pet & Garden Supply Inc. All other trademarks and service marks displayed on the Website are the property of Bay State Pet & Garden Supply Inc. or their respective owners. You may not use or display any trademarks or service marks owned by Bay State Pet & Garden Supply Inc. without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
If you have any questions, please call 508-821-3704 or email us at
[email protected].
Privacy Policy | Bay State Pet & Garden Supply Inc.
By using or accessing this website you signify your acknowledgment and assent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this website. Bay State Pet & Garden Supply Inc. can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.
This policy is intended to help you understand how Bay State Pet & Garden Supply Inc., its subsidiaries and affiliates ("Bay State Pet & Garden Supply Inc.", "we", or "us") collect, use and safeguard the information you provide on our website.
Orders
When you place an order for a product, we need to know your name, e-mail address, mailing address, credit card number and expiration date. This personal information is required so that we can process and fulfill your order, send an order or shipping confirmation, as well as notify you of your order status. All Internet transactions with Bay State Pet & Garden Supply Inc. are performed on a secure server that encrypts your credit card information to ensure it is not read by unauthorized third parties.
Bay State Pet & Garden Supply Inc. Mailings
If you provide us with personal information, we automatically place you on our list to receive e-mail regarding product updates, special offers, important issues and new products. Users who do not wish to receive e-mail updates or promotional materials may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email, sending an email to us at
[email protected], calling our Customer Service at 508-821-3704 or sending a letter to:
Bay State Pet & Garden Supply Inc.,
429 Winthrop Street, Taunton, MA 02780.
Use of Personal Data
Personal information provided by users who are 18 or more years of age may be used for marketing and promotional purposes only by Bay State Pet & Garden Supply Inc. and its subsidiaries and affiliates. Bay State Pet & Garden Supply Inc. does not rent, sell or otherwise distribute to third parties, your personal information entered on this site. While we use all reasonable efforts to safeguard the confidentiality of your information, Bay State Pet & Garden Supply Inc. will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. Bay State Pet & Garden Supply Inc. also reserves the right to change or update this policy, or any other policy or practice, at any time, with reasonable notice to users of its website. Any changes or updates will be effective immediately upon posting to the Bay State Pet & Garden Supply Inc. site.
We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Bay State Pet & Garden Supply Inc. website content and advertising to deliver a better experience to our users.
Cookies and IP Tracking
This site may use cookies for site administration purposes. If for any reason you wish to not take advantage of cookies, you may have your browser not accept them, although this may disable or render unusable some of the features of the Bay State Pet & Garden Supply Inc. website.
This website also may detect and use your IP address or domain name for internal traffic monitoring and capacity purposes or to otherwise administer our website. No personal information is obtained; rather, just the patterns of usage of our various users may be tracked to provide you with improved service and content based on aggregate or statistical reviews of user site traffic patterns.
Special Cases
Bay State Pet & Garden Supply Inc. reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Bay State Pet & Garden Supply Inc. website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.
Policies for Children
Bay State Pet & Garden Supply Inc. encourages parents and guardians to monitor and participate in their children's online activities. Unless you are viewing a website directed specifically to children, no information should be submitted to this site by users under 18 years of age, and users under 18 years old are not allowed to register for newsletters, clubs or activities. In addition, users less than 18 years of age are not allowed to make purchases or participate in contests, except for those specifically directed to children. Where appropriate, Bay State Pet & Garden Supply Inc. may ask you to indicate your age to verify compliance with these policies.
Bay State Pet & Garden Supply Inc. does not knowingly collect information from our guests under 18 years of age or provide any personally identifying information from such guests to any third party for any reason whatsoever. We do not allow guests known to be under 18 years of age to receive direct marketing communications from Bay State Pet & Garden Supply Inc. or from third parties.
Linked Sites
Please be advised that our website may contain links to third-party websites. The linked sites are not under the control of Bay State Pet & Garden Supply Inc., and we are not responsible for the contents or privacy practices of any linked site or any link on a linked site.
While we implement the above security measures on this site, you should be aware that 100% security is not always possible.
This privacy statement effective June 1, 2016.