Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These Terms of Use (“Terms”) govern your use of any website where this Terms of Use is posted (each a “Site”) or any mobile application (each an “App”) that are operated by Friendly Hills Enterprises, Inc. dba. Surf City Pet Works or any of its divisions or affiliates (collectively, “Surf City Pet Works” and “we” and “us” or “Company”). The Sites and Apps are collectively referred to in these Terms as “Website Services.” By using the website services, you agree, without limitation or qualification, to be bound by these Terms and the Surf City Pet Works Privacy Policy, which is incorporated herein. If you do not accept, please do not use the Website.

The Company may revise these Terms at any time. Your continued usage of the Website Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Website Services for any reason.

Eligibility and Use

You must be 18 years of age or older to visit or use the Website Services in any manner. By visiting or using the Services or accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

Surf City Pet Works provides you with access to and use of the Website Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Website Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Website Services and for any use of the Website Services by anyone accessing it using your login information.

Use Restrictions

The content on the Website Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Surf City Pet Works retailers or partners, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Surf City Pet Works. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Website Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Website Services and to use the information and services contained on the Website Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Website Services for any purpose, subject to the express provisions of these Terms.

You may not distribute or make the Website Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Website Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by Surf City Pet Works that replace and/or supplement the original Site or App, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Surf City Pet Works’ written permission, “mirror” any Contents contained on the Website Services or any other server. You may not use the Website Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Website Services in any manner that could damage, disable, overburden, or impair the Website Services, or interfere with any other party’s use and enjoyment of the Website Services. You may not attempt to gain unauthorized access to the Website Services through hacking, password mining or any other means.

Copyright and Trademarks

The Website Services, and all content available through the Website Services, is protected by copyright. Unless specified otherwise on the Website Services or except as permitted by United States copyright law, no portion of the Website Services may be copied, republished, transmitted, or distributed in any way without Surf City Pet Works’ prior written consent. Any such use of the Website Service’s content for any purpose not authorized under these Terms is a violation of the copyrights of Surf City Pet Works (or other entities where so indicated).

Permission for all uses of the Website Services other than as expressly authorized under these Terms, including linking to any page on the Website Services other than the home page, must be obtained from Surf City Pet Works in advance. The use of the Website Services, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Website Services, in each case whether registered or unregistered, and related goodwill are proprietary to Surf City Pet Works or its partners.

All trademarks, service marks, logos and trade names on the Website Services, whether registered or unregistered, are proprietary to Surf City Pet Works or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Surf City Pet Works.

User Submissions

The personal information you submit to the Company is governed by the Surf City Pet Works Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Surf City Pet Works does not claim ownership of any information or material a user provides to Surf City Pet Works or posts, uploads, input, submits, or transmits to the Website Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website Services, or which, in the judgment of Surf City Pet Works, exposes Surf City Pet Works or any of its retailers or partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Surf City Pet Works. If you make a Submission, you automatically grant–or warrant that the owner of such content has expressly granted– Surf City Pet Works a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Surf City Pet Works is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Surf City Pet Works is not responsible for the consequences of any Submission. Surf City Pet Works is not responsible for screening or monitoring Submissions made to the Website Services by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Surf City Pet Works may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Surf City Pet Works will have no liability or responsibility to users for performance or nonperformance of such activities.

Surf City Pet Works reserves the right (but is not obligated) to: (a) record the dialogue on the Website Services; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Website Services upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Website Services, regardless of whether such Submission violates these Terms of Use.

Unsolicited Ideas

Surf City Pet Works’ policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to the Website Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to Surf City Pet Works through the Website Services or otherwise shall be the property of Surf City Pet Works, and may be treated by Surf City Pet Works as non-confidential and non-proprietary.

Except as expressly provided in our Privacy Policy, you give Surf City Pet Works an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Surf City Pet Works has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Website Services.

Promotions

Any and all offers or promotions advertised on the Website Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

Terms of Sale

We reserve the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Website Services for private and domestic purposes.

We expressly prohibit purchases for resale and/or reselling any Surf City Pet Works product as part of any business (including any online business) unless agreed in writing by Surf City Pet Works.

Pricing, Offers, and Selections

Regular and sale prices, offers, and selections found on the Website Services may vary from those found at Surf City Pet Works retailer stores and in local Surf City Pet Works advertisements. Prices, offers, and selections on the Website Services are subject to change without notice.

International Use

We control and operate the Website Services from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Website Services from outside the United States do so voluntarily and are responsible for compliance with their local laws.

Access to the Website Services from jurisdictions where the contents of the Website Services are illegal or penalized is prohibited. No information from the Website Services may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the Website Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimers; Limitation of Liability

All content available on the Website Services is provided for informational purposes only. The use of the Website Services or the Contents is at your own risk. The Contents on the Website Services could include technical inaccuracies or typographical errors. Surf City Pet Works may make changes or improvements at any time.

THE CONTENTS ON THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURF CITY PET WORKS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SURF CITY PET WORKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURF CITY PET WORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE WEBSITE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SURF CITY PET WORKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURF CITY PET WORKS ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY SURF CITY PET WORKS, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

Indemnity

You hereby agree to defend, indemnify, and hold Surf City Pet Works and our affiliates, and our respective officers, directors, employees, agents, information providers retailers, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website Services or Contents, or your violation of these Terms of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Your Account

If you use the Website Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Surf City Pet Works reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Contact with Third Parties and Third Party Websites

The Website Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website Services. You agree that Surf City Pet Works shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Website Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Website Services, or based on such third party’s participation or presence on the Website Services, are solely between you and the third party. Surf City Pet Works makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Website Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Termination

Surf City Pet Works reserves the right, in its sole discretion, to terminate your access to the Website Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from the Website Services and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning Website Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.

Modification or Suspension of the Website Services

You agree that Surf City Pet Works may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Website Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

General

Surf City Pet Works makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Website Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Use Restrictions, User Submissions, Unsolicited Ideas, Disclaimers; Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.

Applicable Laws

These Terms are governed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. You and Surf City Pet Works hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Central District of California for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the Surf City Pet Works Privacy Policy.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Changes to these Terms

We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Website Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Website Services. Your continued use of the Website Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Website Services.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Surf City Pet Works on the Website Services, these Terms of Use, including the Surf City Pet Works Privacy Policy, constitute the entire agreement between you and Surf City Pet Works with respect to the use of the Website Services and Contents.