Terms & Conditions
Last Updated: May 4, 2020
The terms “Collagile” or “Company” or "us" or "we" refer to the owner of the Site, Collagile Inc., a Delaware corporation, whose business office is 111 Amelia Heights Drive, Manteo, North Carolina 27954. The term "you" or “user” refers to the user or viewer of our Site. You and Collagile are each a “Party” to these Terms & Conditions, and together we are the “Parties”.
Collagile.com is an online store and website that offers pet supplements.
By using this Site, you are agreeing to these Terms & Conditions. Future use of the Site will be subject to the Terms & Conditions in effect at that time. Barring some other formally and specifically executed agreement between you and us, these Terms & Conditions govern the entire relationship between us.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO USE THIS SITE OR PURCHASE PRODUCTS FROM THIS SITE AND MUST TERMINATE USE IMMEDIATELY.
The use of the Site is subject to the following Terms & Conditions:
- By using the Site or purchasing any products from the Site, you represent and warrant that: (a) you are 18 years of age or older; (b) you have the authority to enter into these Terms & Conditions on your own account; and (c) your use of the Site or purchase of any products does not violate any applicable law, regulation, or agreement. Use of the Site is void where prohibited.
- Any products purchased from the Site are for personal use only. You agree not to reproduce, duplicate, copy, sell or resale any of the products purchased from the Site.
- Your use of any information or products on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this Site meet your specific requirements.
- The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Collagile Inc. and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of Collagile Inc. or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes. Unauthorized use of the Marks or the Site may give rise to a claim for damages and/or be a criminal offense.
- Collagile assumes no liability for any variances in color or size. We reserve the right to make substitutions for any products offered on the Site. All prices for products listed on the Site are subject to change without notice. Product descriptions and pricing may be inaccurate or omitted information from time to time. We reserve the right to correct any errors without prior notice, including adjusting prices after you have placed an order.
- You are responsible for the accuracy of the shipping information provided at checkout. Any costs incurred due to inaccurate shipping information shall be your responsibility and Collagile shall not be liable for any charges or damages incurred as a result. Shipping and delivery times listed on the Site and during the checkout process are estimations only and are out of our control. Actual shipping charges may vary. By submitting your order, you acknowledge and agree that Collagile is not responsible for any delays or delivery issues.
- Collagile makes arrangements with retailers, providers, manufacturers, shipping companies, and other independent parties (“Third Party Suppliers”) to provide you with the products. Third Party Suppliers may engage the services of local operators and/or subcontractors at their discretion. Collagile does take reasonable care in selecting Third Party Suppliers; however, Collagile is unable to control Third Party Suppliers and is not responsible for any acts or omissions committed by Third Party suppliers and/or their subcontractors. All products and services are subject to the laws of the jurisdiction in which they are provided. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF THIRD PARTY SUPPLIERS OR ANY INDEPENDENT CONTRACTORS.
- Neither Collagile Inc., its affiliates and any of their respective owners, members, shareholders, officers, directors, employees, or agents, own or operate any Third Party Suppliers which provide products or services. Collagile does not maintain control or operate the personnel, equipment, or operations of these Third Party Suppliers and as such Collagile assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of: (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the Third Party Suppliers or their employees or agents; (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these Third Party Suppliers; or (3) any wrongful, willful or negligent act or omission on the part of any other party not under the supervision and control of Collagile.
- By purchasing a product from the Site, you are solely responsible for complying with any local, state or federal law. Collagile is not responsible for ensuring correct use or safety of the products. You agree to indemnify and hold Collagile Inc. harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your use or safety of the products.
- You acknowledge, understand and agree that inherent hazards and risks may be associated with the use of pet supplements. Your purchase of any products or use of the Site indicates acceptance of the hazards and risks associated with pet supplements. Some of those risks and dangers, include but are not limited: bodily injury, partial and/or total disability, paralysis, death, property damage, or social and economic losses and/or damages. You have sole responsibility for you and your pet’s safety and agree to follow instructions, make reasonable decisions, and act responsibly when using any products purchased on the Site. You knowingly and voluntarily assume any and all inherent and other risks and dangers.
- YOU HEREBY WAIVE, RELINQUISH, DISCHARGE, RELEASE, AND HOLD HARMLESS COLLAGILE INC., AND ITS SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES, INSURERS, ATTORNEYS, SUCCESSORS, AND ASSIGNS (“RELEASEES”), FROM ANY AND ALL RIGHTS, CLAIMS OF INJURY (INCLUDING ALL BODILY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY), DEMANDS, CAUSES OF ACTION, DAMAGES, MEDICAL EXPENSES AND COSTS, LIABILITIES OR LOSS THAT YOU OR MY FAMILY MAY HAVE OR THAT MAY ACCRUE TO YOURSELF OR YOUR FAMILY MEMBERS ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH YOUR PURCHASE OR USE OF ANY PRODUCTS PROVIDED ON THE SITE.
- By using the Site, you expressly consent to Collagile’s use of any images, photos, graphics, videos, reviews, or other materials uploaded by you to the Site. You hereby grant us a perpetual, royalty-free, worldwide, irrevocable license to reproduce any images, photos, graphics, videos, reviews, or other materials uploaded by you to the Site for any purpose whatsoever including, but not limited to, marketing, promotions and promotional material.
- You will not act in a vulgar, disrespectful, or illegal way while using the Site. Collagile reserves the right to refuse service, terminate your account, cancel any pending orders, and report your actions to the appropriate authority.
- You agree that the use of the Site is entirely at your own risk, and you waive any claims and actions against us and any and all persons and entities responsible for the existence and provision of this Site. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
- The Site provides links to other websites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Collagile has no discretion to alter, update, or control the content on a Linked Site. The fact that Collagile has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Collagile urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
- Collagile does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than us; (b) any content provided on Linked Sites; or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Collagile be liable for any loss or damage caused by your reliance on information obtained through a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Collagile DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Collagile IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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. HOWEVER, IN NO EVENT SHALL COLLAGILE INC. BE LIABLE FOR DAMAGES OR LOSSES EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU FOR PRODUCTS OR $100.00, WHICHEVER IS LESS.
- The information, software, products, and descriptions of products published on the Site may include inaccuracies or typographical errors, and Collagile specifically disclaims any liability for such inaccuracies or errors. Collagile does not warrant or represent that the content on the Site is complete or up-to-date. Collagile is under no obligation to update the content on the Site. Collagile may make improvements or change the content of the Site at any time without notice.
- You agree that Collagile Inc., and any of its respective shareholders, owners, officers, directors, managers, employees, contractors, agents, affiliates, subsidiaries, successors, and assigns, will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a Linked Site, or for the use of any images, photos, graphics, videos, reviews, information, or other materials provided by you, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. Collagile cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
- It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify us of any unauthorized uses of your username and password or any other breaches of security. Collagile will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- You agree to indemnify, defend, and hold harmless Collagile Inc., and any of its respective shareholders, owners, officers, directors, managers, employees, contractors, agents, affiliates, subsidiaries, successors, and assigns and anyone involved in creating or providing the Site, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms & Conditions or any activity related to your use of the Site or by any other person accessing the Site using your account.
- Should you take any actions which damage the Site or endanger the safe, efficient, and fair use of the Site by others, you will be liable for damages to us and agree to indemnify us and hold us harmless for any claims, damages, or other liabilities incurred by us due to your actions or inactions.
- The Parties first must and shall engage in informal good faith resolution efforts. Only after such good faith efforts are made, but fail, can any formal dispute resolution process can be initiated.
- The formal dispute resolution process shall and must be binding arbitration to take place in Dare County, North Carolina. Should a lawsuit be filed instead of arbitration initiated, the Parties agree that the applicable court should either dismiss said suit or stay it so that this mandatory arbitration process can take place and be completed.
- Unless the Parties agree otherwise in writing, including anything in these Terms & Conditions, the arbitration shall be through the American Arbitration Association and shall be subject to that body’s Consumer Arbitration Rules in effect at the time of the arbitration’s initiation, as those Rules are published on the American Arbitration Association’s website (currently adr.org).
- Each Party shall be responsible for its own costs and legal fees, including attorneys’ fees, except that a Party which wrongfully disregards the mandatory arbitration process described herein and instead initiates formal litigation may be required to pay the other Party’s costs and legal fees, including attorneys’ fees.
- Regardless of any other language in this Agreement, unless equivalent relief can be obtained from an arbitrator in a timely fashion, Collagile may seek an equitable remedy such as, but not limited to, a restraining order from a court if reasonably necessary to do so on an urgent basis to prevent immediate and serious harm to Collagile.
- If any of the provisions of these Terms & Conditions shall be unenforceable, the applicable legal authority (such as an arbitrator or judge) shall have the right to amend said provision and the Terms & Conditions overall to allow the spirit of it to be enforced. Even if there are provisions which remain unenforceable, these Terms & Conditions shall be otherwise enforced in full.
- To the extent allowable by law, you waive your right to participate in a class action lawsuit as a class member, plaintiff, or other type of claimant. Any claim or legal action must be brought by you in your capacity as an individual party.
- The products are subject to change, update, or even discontinuation without notice. You consent to the same and understand and agree that the same may impact your use of the products.
- These Terms & Conditions are subject to change or even termination without notice.
- If you have any questions about these Terms & Conditions, please contact us at firstname.lastname@example.org.