Terms of Service
PLEASE REVIEW THESE TERMS OF SERVICE, WHICH SETS OUT THE TERMS OF YOUR ACCESS OF OUR ONLINE E-COMMERCE WEBSITE LOCATED AT URL: SHOP.STELLAANDCHEWYS.COM (THE “WEBSITE”) AND THE CONTENT (DEFINED BELOW) AND THE SERVICES (DEFINED BELOW) PROVIDED ON THE WEBSITE. THIS IS A BINDING AGREEMENT BETWEEN YOU AS A USER OF THE WEBSITE AND THE SERVICES (“YOU”) AND STELLA AND CHEWY’S LLC (“STELLA AND CHEWY’S”, “WE”, “US”, “OUR”), THE PROVIDER OF THE WEBSITE AND THE SERVICES. BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THIS AGREEMENT IS CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THIS AGREEMENT.
The Website is operated by Stella and Chewy’s and we offer this Website, including all Content, information, tools and Services available from the Website to you conditioned upon your acceptance of these Terms of Service.
Any new features or tools which are added to the Website shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. You agree that such changes will be effective at the time such notice of the amended Terms of Services are posted to the Website, and that such posting constitutes adequate and effective notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to any part of the Website or any Services following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – SERVICES AND ONLINE STORE TERMS
The Website and all Content, products, and services displayed on or delivered through the Website (collectively, the “Services”) are hosted on, Shopify Inc., a Third Party Provider (defined below), and all Content, products, and services displayed on or delivered through the Website (collectively, the “Services”). “Content” means data, information, pricing, promotional and marketing materials, emails, images, and any other visual, audial or digital content made available on or through the Website or Services.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website.
You acknowledge and agree that:
We encourage you to provide notice to us at email@example.com of any violations of this Terms of Service generally. A breach or violation of any of the terms herein will result in an immediate termination of your use of the Services and the Website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse access to the Website and Services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and Service, use of the Website and Services, or access to the Website and Services, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
In addition to our rights to terminate this Terms of Service under Section 19 below, we reserve the right to modify, temporarily suspend, or permanently discontinue your access to the Website or any portion thereof, or any of the Services (in our discretion, temporarily or permanently), notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate, and/or take legal action against you, including where we (a) believe that the Website or the Services are being used in violation of these Terms of Service or applicable law; (b) believe your use of the Website or the Services interferes with the normal operations of the Website or creates any threat to the security of the Website or the Services or other users thereof, or otherwise breaches this Terms of Service; (c) become aware of what we, in our sole discretion, deem a credible claim that the Website or any portion thereof infringes upon the intellectual property rights of a third party; or (d) are required to do so by law, in each case with or without prior notice to you.
Your right to access the Website and use the Services is revoked where these Terms of Service or use of the Website or the Services is prohibited or to the extent the offer, sale, or provision of the Website or any of the Services conflicts with any applicable law, rule, regulation, policy, procedure, contract, agreement, or understanding. We may, in its sole discretion, revoke any user’s access or refuse to offer any user access to the Website or the Services, or change the Website eligibility criteria, at any time.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information and Content made available on the Website is not accurate, complete or current. The Content and material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to the Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website and Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website or Services.
SECTION 5 - PRODUCTS OR SERVICES; ORDER CONFIRMATION & PAYMENT (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Satisfaction Guarantee. We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Website is void where prohibited. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we will refund you the full amount of the canceled portion of the order.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the foregoing will be corrected.
Generally, we or a Third Party Provider will charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we or a Third Party Provider will charge your payment method when you initiate an order is placed. For special-delivery items, we or a Third Party Provider will charge your payment method when you confirm a delivery time. However, we or a Third Party Provider will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
SECTION 6 – YOUR DATA
You acknowledge that there are risks inherent in maintaining Your Data in a remote server and software network (“cloud-based”) environment, including the risk of hacking or other unauthorized third-party access to Your Data, including your Personal Information (defined below), and exposure to viruses and malware. We shall not be responsible to you for any unauthorized access to Your Data or the unauthorized use of the Services.
Your Data may contain information that identifies a particular individual, such as names and e-mail addresses (collectively, “Personal Information”). For all Personal Information that you supply to the Website or the Services, you agree that you have sufficient rights under applicable law (including U.S. privacy law and any E.U. Privacy Directives) to transmit, store, copy, use, and transfer into the Platform such Personal Information, and to authorize us, and Third Party Providers to process Your Data in connection with the provision of the Services.
You agree that our monitoring activities shall not entitle you to any cause of action or other right with respect to the manner in which we monitor your usage of the Website and enforces, or fails to enforce, this Terms of Service and we shall not be liable for any damages resulting from such monitoring.
You acknowledge that we may collect and create data related to your use of the Website and Service, including metadata generated by your activity on the Website and Services (“Activity Metadata”), as well as aggregated and/or de-identified data that is derived from Your Data and data of or related to other users, and Activity Metadata (such aggregated and anonymized data, “Derived Data”).
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Satisfaction Guarantee.
SECTION 8 - OPTIONAL THIRD PARTY TOOLS
We may provide you with access to third party tools (“Third Party Tools”) over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such Third Party Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third Party Tools.
Any use by you of any Third Party Tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third Party Provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD PARTY LINKS
Certain Content, products and services available via our Service may include materials from third parties through third party links (“Third Party Links”).
Third Party Links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties made available through any Third Party Link.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments'”, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 11 INTELLECTUAL PROPERTY OWNERSHIP
The technology and Content used to offer, or provided in connection with, the Website, the Services, Derived Data, Activity Metadata, browser software plug-in, and all intellectual rights in the foregoing (collectively, “Our Property”) are either owned by us or licensed by us from a third party, and nothing in these Terms of Service shall restrict us or the applicable owner from sharing or otherwise using Our Property for any purpose. Our Property is protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws.
The Stella and Chewy’s trademarks, our affiliates’ trademarks, and other marks appearing on the Website are our registered trademarks and service marks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our Content, information, or trademarks without our express, written consent.
You do not acquire any ownership interest in any of Our Property as part of your access to the Website or the receipt of any the Services, and no license rights (including rights arising by implication or estoppel) are granted to you other than those expressly granted in this Terms of Service.
SECTION 12 CONFIDENTIALITY
You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Service.
In connection with our provision of the Website and the Services, we may provide, or you may come to learn of information (nonpublic or otherwise), including business and technical information relating to the Website, or Services, all of which is deemed confidential and/or proprietary (“Confidential Information”). During the term of this Terms of Service and for a period of five (5) years thereafter, you agree not to disclose, reproduce, or otherwise upload, publish, or distribute in any way whatsoever the Confidential Information, except as you may be required or otherwise compelled by operation of law or regulation. Notwithstanding the foregoing, nothing contained in these Terms of Service prohibits, limits, or restricts you from communicating with any federal or state regulatory agency or body about the Services.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your access to the Website or use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from access of the Website and the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Website and Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website and Service is at your sole risk. The Website, Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including without limitation, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Stella and Chewy's, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Third Party Providers or licensors (“Stella and Chewy’s Entities”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your access to the Website or use of any of the Services or purchase or use of any products procured using the Service, or for any other claim related in any way to your use of the Services or purchase or use of any product, whether or not the loss is the result of the Website or Services malfunction, any products, data, information, services, or transactions entered into through or from the services, or conduct of anyone related or the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content or product posted, transmitted, sold or otherwise made available via the Service, even if advised of their possibility. IN NO EVENT SHALL ANY STELLA AND CHEWY’S ENTITY HAVE ANY LIABILITY OF ANY KIND OR NATURE TO YOU OR ANY THIRD PARTY THAT (I) ARISES FROM OR IS RELATED TO ANY EQUIPMENT, SOFTWARE, FACILITIES, SERVICES, INFORMATION, MATERIALS, OR INFRASTRUCTURE PROVIDED BY YOU OR ANY THIRD PARTY AND NOT FURNISHED BY THE STELLA AND CHEWY’S ENTITIES OR (II) RESULTS FROM IMPROPER OR NEGLIGENT USE OR OPERATION BY YOU OF THE WEBSITE OR SERVICES OR WHICH IS IN VIOLATION OF THIS AGREEMENT. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE OF ANY STELLA AND CHEWY’S ENTITY TO YOU OR ANY THIRD PARTY EXCEED [ )]. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Stella and Chewy's Entities, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18- TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and the Website, or when you cease using our Website and the Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website and the Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Rev. Date July 30, 2020