K9 Top Coat Terms & Conditions

Effective Date: March 1, 2024

Welcome to K9 Top Coat!  This is an Agreement between you (the “User,” or “You”) and K9 Top Coat, LLC (referred to as “K9 Top Coat,” “us,” “we,” and “our”).  This Agreement governs Your purchases of K9 Top Coat products, your use of www.k9topcoat.com, and the entirety of Your relationship with K9 Top Coat as our customer.  By using or accessing www.k9topcoat.com, creating a User account or profile, or purchasing or acquiring a K9 Top Coat product, You agree that You have read, understood, and voluntarily accept all of the terms and conditions contained (or incorporated by reference) in this Agreement, including, but not limited to, our Privacy Policy, Refund Policy, and Limited Warranty.

PLEASE READ ALL OF THESE TERMS AND POLICIES CAREFULLY BEFORE ACCESSING THIS SITE, ACCEPTING THESE TERMS, OR PURCHASING ANY PRODUCTS FROM K9 TOP COAT. THESE TERMS HAVE IMPORTANT LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS.  BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR LEGAL PROCEEDING AGAINST K9 TOP COAT.

AS USED IN THESE TERMS, “THE SITE” MEANS THE ENTIRETY OF WWW.K9TOPCOAT.COM AND ALL OF ITS WEBPAGES AND SUBPAGES, INCLUDING, BUT NOT LIMITED TO, ALL DISPLAYED CONTENT, GOODS, INFORMATION, AND ANY PORTIONS THEREOF.  BY ACCESSING THE SITE, OR PURCHASING OR OTHERWISE ACQUIRING K9 TOP COAT PRODUCTS, YOU AFFIRM THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND OTHERWISE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND THAT YOU VOLUNTARILY ACCEPT AND WILL BE BOUND BY ALL TERMS AND POLICIES CONTAINED AND REFERENCED HEREIN.  YOU MAY NOT ACCESS THIS SITE OR PURCHASE K9 TOP COAT PRODUCTS IF YOU (1) DO NOT AGREE TO ALL SUCH TERMS AND POLICIES, (2) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH K9 TOP COAT, OR (3) ARE PROHIBITED BY ANY APPLICABLE LAW FROM ACCESSING OR USING THE SITE OR FROM PURCHASING OR ACQUIRING OUR PRODUCTS.

1. General Provisions

1.1 K9 Top Coat Products.  The Site provides an online marketplace that enables eligible Users to purchase and acquire K9 Top Coat products (hereinafter, “Products”).

1.2 Supplemental Terms.  Your use of the Site, and your ordering, purchasing or acquiring of K9 Top Coat Products are subject to additional Terms, such as our Privacy Policy [hyperlink], Refund Policy [hyperlink], and Limited Warranty [hyperlink], all terms of which are incorporated by reference as if expressly set forth herein.

1.3 Updates to Our Terms and Policies.  We reserve the right to change, modify, add or remove sections of these Terms and our policies referenced herein, at any time, in our sole discretion. You are responsible for checking these Terms and policies for any changes whenever you use the Site or purchase K9 Top Coat Products. When changes are made, we will make a new copy of these Terms and/or Policies (collectively, “Terms”) available on the Site, and we will also update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before allowing your continued use of the Site. By continuing to use or access the Site or otherwise engaging with K9 Top Coat after the posting of any changes or updates, you accept and agree to any such changes and updates. IF YOU DO NOT AGREE TO ANY CHANGES OR UPDATES, YOU MUST IMMEDIATELY STOP USING THE SITE AND PURCHASING OUR PRODUCTS.

2. Use of the Site

2.1 Access and Use.  Subject to the Terms of this Agreement, K9 Top Coat hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site for the purpose of personal, non-commercial, shopping for Products displayed on the Site, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in our immediate revocation of the limited license granted you in this paragraph, without further notice to you apart from this paragraph.

2.2 Limitations on Use.  Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit for your personal or commercial gain the Site or our Products, or any portion of them, unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site or Products for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Site, including, but not limited to, the ability to submit orders, make payments, send communications, or access information.

You may not and will not upload to, distribute, or otherwise publish through or from the Site any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree NOT to:

1. use the Site for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of K9 Top Coat, or the rights of any third party;
2. to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Products, or which, as determined by us, may harm us or other persons using the Site or Products, or expose us or them to liability;
3. use the Site in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Site or Products;
4. use any robot, spider or other manual or automated device, process, software or means to index or access the Site for any purpose;
5. use the Site to distribute unsolicited promotional or commercial content, or solicit other persons using the Site or Products for commercial purposes; or
6. otherwise attempt to interfere with the proper working of the Site.

2.3 Unavailability of the Site.  Access to the Site may become degraded or unavailable during times of maintenance, significant volatility or volume, or due to other causes within or beyond our control. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Site or Products will be available without interruption, and we do not guarantee that any order will be timely executed, accepted, processed, shipped, or recorded by us.  K9 Top Coat shall not be liable for any losses resulting from or arising out of delays in processing orders, inability to fulfill orders, or lack of timely response from K9 Top Coat customer support.

2.4 User Profiles and Accounts.  In order to purchase or acquire K9 Top Coat Products or access some features or services available on the Site, you may be required to create a K9 Top Coat user account (“User Account”), which may include setting up a password. You may not use another person’s account or password.

You are solely responsible for protecting the confidentiality of your User Account and the information you submit or hold for your User Account, including your password, and you are solely responsible for any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any breach or threatened breach of the Site’s or your User Account’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Site as provided herein.

We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests in any way. If your User Account is discontinued by K9 Top Coat due to your violation or breach of any of these Terms, or for conduct otherwise deemed inappropriate or harmful to our interests, then you agree that you will not attempt to re-register with or access the Site through use of a different member name, User Account, or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site, or by contacting us via email at [insert email address]. To the fullest extent permitted by applicable law, K9 Top Coat will not have any liability whatsoever to you for any suspension or termination of your User Account.

By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.

3. Privacy Policy

K9 Top Coat’s Privacy Policy [hyperlink], which is fully incorporated by reference into this Agreement, applies to all aspects of your access to and use of the Site, including but not limited to your submission of personal information to us, as well as to your ordering, purchase or acquisition of K9 Top Coat Products.  To view our Privacy Policy, click here [hyperlink].

4. Errors

Although we strive to provide complete and accurate information on the Site, some errors, inaccuracies, or omissions, including those that relate to pricing, Product descriptions, availability, offers, or other information may occasionally occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or modify information or cancel orders if any information on the Site is inaccurate at any time, without prior notice, including after your order has been submitted. If we cancel all or part of Your order(s), we will then provide you with notice and a refund within a reasonable time period.

5. Orders and Purchases

5.1 Order Acceptance and Cancellation.  You agree that your order is an offer to buy, under these Terms, the Products listed in your order. All orders must be affirmatively accepted by us, or we will not be obligated to sell the Products to you. We may choose, in our sole discretion, not to accept any given order; in such case, we will refund the amount that you paid to us when placing your rejected order. After having received and accepted your order, we will send you a confirmation email containing your order number and the details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and K9 Top Coat will not occur, unless and until you have received a corresponding order confirmation email from us.

5.2 Prices and Payments.  All Product prices listed on the Site are exclusive of shipping and handling fees, all sales and use taxes, and any other applicable taxes or fees.  Any applicable taxes and fees will be charged to you separately, at the applicable rate for each order; such taxes and/or fees will be added to your total order price, and itemized at checkout and in your order confirmation email.  Product prices, applicable taxes or fees may change at any time, without prior notice to you.  Such changes, however, will not affect any Product order for which we have sent a confirmation email.

Terms of payment are within our sole discretion, and payments must be received and accepted by us before our acceptance of an order.  We generally accept Visa, MasterCard, Discover, and American Express credit and debit cards for all Product purchases.  We also accept payments via Venmo or PayPal.  In using any of the aforementioned payment methods, You represent and warrant that (i) the payment card and/or financial account information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such payment card or financial account for your purchase; (iii) any credit card or debt card charges incurred by you will be honored by your credit or debit card issuer; and (iv) you will pay all charges incurred by you at the agreed upon price(s), including any and all applicable fees and taxes.

5.3 Title and Shipment.  When you order and purchase K9 Top Coat Products and we accept your order, we will arrange for the shipment of the ordered Products to you.  Any shipping or delivery dates displayed are estimates only, and cannot be guaranteed.  You will pay all shipping and handling charges specified during the ordering process.  If you order and purchase K9 Top Coat Products, and your order is fulfilled outside the United States, then title to the purchased Products transfers to you as the Customer once the Products are loaded onto the international carrier outside of your country. If you order and purchase K9 Top Coat Products, and your order is fulfilled in the United States, then title to the purchased Products transfers to you when the Products are delivered to the shipping address you provide to us.

5.4 Returns and Refunds.  Returns and refunds for any lost, damaged, or otherwise unsatisfactory K9 Top Coat Products will be accepted only in accordance with our Refund Policy [hyperlink].  Please read and follow our Refund Policy carefully, by clicking here [hyperlink].

6. Events Beyond Our Control

The parties hereto agree that K9 Top Coat will not be liable for any non-compliance, or delay in compliance, with any of the obligations we assume under these Terms or under other contracts, when caused by events that are beyond K9 Top Coat’s reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

1. Any strike, lockout, or other form of protest that affects our ability to perform our obligations;\
2. Any civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. Any fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any natural disaster;
4. Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private;
5. Inability to use public or private telecommunication systems;
6. Any acts, decrees, legislation, regulations or restrictions of any government or public authority; and
7. Any failure or accident in maritime or river transport, postal transport, or any other type of transport.

It shall be understood that our obligations deriving from these Terms or other contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil such obligations by an amount of time equal to the amount of time that the Force Majeure lasted. We will make all reasonable efforts to find a solution that enables us to fulfil our obligations under these Terms despite the Force Majeure.

7. Governing Law and Resolution of Disputes; Arbitration Agreement

7.1 General Arbitration Provisions.  You and K9 Top Coat agree that—if we cannot informally resolve any dispute, controversy, or disagreement as set forth below—then any dispute, controversy, claim, or disagreement between us arising out of or relating in any way to your accessing or use of the Site, to this Agreement or prior or future versions of this Agreement, to your purchase or acquisition of K9 Top Coat Products, or to any other aspect of your economic relationship with K9 Top Coat, including any disputes, controversies, claims, or disagreements that arose before the effective date of this Agreement (hereinafter, any “Dispute” ), will be resolved by binding arbitration, rather than in court.  YOU AND K9 TOP COAT HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT OR TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and K9 Top Coat are instead electing that all Disputes shall be resolved by arbitration pursuant to these Arbitration Provisions. There is no judge or jury in arbitration, and judicial review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court. All arbitration provisions herein shall be interpreted, applied, and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and with any applicable state arbitration laws that are not expressly or impliedly preempted by the FAA.

7.2 Authority of Arbitrator. The arbitrator, and not any court, shall have exclusive authority to resolve any Dispute, including, without limitation, any dispute arising out of or related to the interpretation, application, revocability, validity, or enforceability of these Arbitration Provisions or any portion thereof. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.  Judgment on the arbitration award may be entered in any court having jurisdiction.

7.3 Class Action Waiver.  YOU AND K9 TOP COAT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief (if applicable) only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by the party’s individual claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf or for the benefit of any other person, entity, or party in arbitration.

7.4 Informal Dispute Resolution Is A Pre-Condition To Arbitration.  You and K9 Top Coat agree to try to resolve any Dispute informally before resorting to arbitration. You and K9 Top Coat therefore agree that before either party commences arbitration against the other, the parties will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). The party initiating a Dispute must give notice to the other party in writing of his, her, or its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within thirty (30) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to K9 Top Coat that you intend to initiate an Informal Dispute Resolution Conference must be sent by email to [insert email address].  Notice to you will be sent to the address or email address associated with your account, or to your publicly available address or email address if you do not have an account with us. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); and (2) a detailed description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, unless all parties agree otherwise; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference, unless all parties agree otherwise. Engaging in the Informal Dispute Resolution Conference is a condition precedent and contractual requirement that must be fulfilled before commencing arbitration. The applicable statute(s) of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this paragraph.

8. Additional Terms

8.1 Assignment.  You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. In contrast, we may freely assign or transfer this Agreement without notice to you. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

8.2 Entire Agreement; No Waiver.  The Terms set forth herein, together with our Privacy Policy [hyperlink], Refund Policy [hyperlink], and Limited Warranty [hyperlink], and any other legal notices or policies published on the Site, shall constitute the entire Agreement between you and us concerning your orders and purchases of K9 Top Coat Products, your accessing and use of the Site, and the whole of your relationship with K9 Top Coat as our customer.  This integrated Agreement supersedes all prior terms, agreements, discussions, and writings concerning the same. If any provision of these Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any of our Terms or policies shall be deemed a further or continuing waiver of such term or policy, or of any other contractual terms between you and us. Our failure to assert any right or provision shall not constitute an implicit waiver of such right or provision.

8.3 No Third-Party Beneficiaries.  These Terms do not, and are not intended to, confer any rights or obligations on any person other than you and K9 Top Coat.

8.4 Electronic Communications.  The communications between you and K9 Top Coat may take place via electronic means, whether you visit the Site or send K9 Top Coat e-mails, or whether K9 Top Coat posts notices on the Site or communicates with you via e-mail, SMS messaging, or other electronic communication. For contractual purposes, you (a) consent to receive communications from K9 Top Coat in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that K9 Top Coat electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in hard-copy form. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §§ 7001, et seq. (“E-Sign”).

8.5 Indemnification.  You agree to release, indemnify, and defend K9 Top Coat and all of its subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your conduct or interactions with other users of the Site; (c) your breach of these Terms; or (d) your ordering, purchases, acquisitions, offering or sale of K9 Top Coat Products (whether or not prohibited by this Agreement or applicable law). We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

8.6 Interpretation.  In construing or interpreting these Terms, headings are for convenience only, and are not to be relied on to resolve ambiguity.

8.7 Applicable Law.  These Terms—along with your orders and purchases of K9 Top Coat Products, your accessing and use of the Site, and the whole of your relationship with K9 Top Coat as our Customer—shall be governed by the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.

8.8 Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

8.9 Venue.  To the extent that the parties are permitted under these Terms to initiate litigation in a court (e.g., to enforce an arbitration award), you and K9 Top Coat agree that any and all disputes arising out of or relating in any way to this Agreement, your ordering or purchase of K9 Top Coat Products, your accessing or use of the Site, or your relationship with K9 Top Coat in general, will be litigated exclusively in the state or federal courts within the State of California.  Nothing in this paragraph limits or otherwise affects the meaning of the mandatory arbitration provisions or informal dispute-resolution provisions contained herein.

8.10 Notice.  Whenever you provide us an e-mail address, mailing address or phone number to K9 Top Coat, you alone are responsible for providing K9 Top Coat contact information that is valid and current.  In the event that contact information you provide to K9 Top Coat is invalid, outdated, or inaccurate, or for any other reason is not capable of delivering to you any notice or communication allowed or required by these Terms, K9 Top Coat’s dispatch of such notice(s) or communication(s) to whatever contact information you provide us will nonetheless constitute effective notice to you.

8.11 Severability.  If any provision of these Terms is determined, by an arbitrator or otherwise, to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government entity or agency, such provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under any applicable law, and no other provision’s validity or enforceability shall be affected.

8.12 Survival.  All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, certain provisions pertaining to access to or use of the Site, Dispute resolution, and/or general or additional provisions, shall survive the termination or expiration of this Agreement.