Updated on August 9, 2022 (“Effective Date”).
THESE TERMS CONTAIN A CLASS ACTION WAIVER, UNDER WHICH YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
When you use our Site, or send e-mails, or other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the current store shall also be subject to these Terms.
In order to use certain features of the Site (e. g., view order history and loyalty credits), you may register for an account with Hollywood Feed ("Hollywood Feed Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your Hollywood Feed Account login information. You are fully responsible for all activities that are associated with your Hollywood Feed Account (including but not limited to any purchases, use of the Site, or correspondence from your account to Hollywood Feed). You agree to immediately notify Hollywood Feed of any unauthorized use or suspected unauthorized use of your Hollywood Feed Account or any other breach of security. When you provide Hollywood Feed with such notice, Hollywood Feed will make commercially reasonable efforts to secure your Hollywood Feed Account to prevent future unauthorized activity.
Hollywood Feed attempts to be as accurate as possible. However, Hollywood Feed does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered or sold by Hollywood Feed is not as described, your sole remedy is to return the product.
Intellectual Property Rights
The Site contains valuable trademarks, service marks, and other intellectual property owned and used by Hollywood Feed, and contains other intellectual property owned and used by third parties. Unauthorized use of these marks or other intellectual property is strictly prohibited. The arrangement and content of the Site are the sole and exclusive property of Hollywood Feed. All rights not expressly granted are reserved by Hollywood Feed. Without limiting the foregoing, UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Limitations Regarding Information, Articles and Advice
Hollywood Feed offers information, articles and advice to you through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, please contact your veterinarian or local animal hospital.
"User Content" means any and all information and content (including but not limited to statements, images, and feedback) that a user submits to Hollywood Feed by any means, including through social media, through interactive features on the Site, or to us via telephone, email, mail or other communications. By submitting User Content, you agree that we may edit, copy, modify, delete, edit, publish, distribute, translate, and otherwise use User Content in whole or in part, including in advertising and marketing in any media currently known or later developed. You agree that any User Content you submit will not be deemed confidential or proprietary. We have no obligation to (1) to maintain any comments in confidence; (2) to provide any compensation for any comments; or (3) to respond to any comments.
You agree that you will not submit any User Content that (a) violates any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right; (b) that is unlawful, harassing, abusive, threatening, harmful, abusive, defamatory, intentionally misleading, libelous, obscene, patently offensive or otherwise objectionable material of any kind or nature or which is harmful to minors in any way, or contains any computer virus or other malware that could in any way affect the operation of the Site; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead as to the origin of any User Content.
Each Site user is solely responsible for any and all of its User Content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion violates these Terms. Because we do not control User Content, you acknowledge and agree that we are not responsible, and assume no liability, for any User Content, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such user. You agree that Hollywood Feed will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved or take any action. We reserve the right, but are not obligated, to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate this Agreement, including removing or modifying your User Content, terminating your Hollywood Feed Account, and reporting you to law enforcement authorities. Further, we may access and disclose any information we consider necessary or appropriate to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business.
Permissible Uses of Site
Subject to the terms of this Agreement, Hollywood Feed grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. Hollywood Feed may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products or its content without the express written consent of Hollywood Feed; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Hollywood Feed's express written consent; (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Hollywood Feed's express written consent; (g) you shall not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (h) you shall not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (i) you shall not harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (j) you shall not interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (k) you shall not attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; and (l) you shall not harass or interfere with another user's use and enjoyment of the Site.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, "Third-Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of Hollywood Feed and Hollywood Feed is not responsible for any Third-Party Sites. Hollywood Feed provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site. You hereby release Hollywood Feed, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third-Party Sites.
Disclaimer of Warranties
The Site is provided on an “AS IS” and “AS AVAILABLE” basis. Although Hollywood Feed intends for the information and data contained in the Site to be accurate and reliable, the information and data might include errors or other inaccuracies. You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER HOLLYWOOD FEED NOR ANY THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. To the extent permitted by applicable law, HOLLYWOOD FEED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties; if so, such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL HOLLYWOOD FEED, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US 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 OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH HOLLYWOOD FEED, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 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 TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH HOLLYWOOD FEED OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID HOLLYWOOD FEED IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify and hold Hollywood Feed, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your violation of this Agreement, or any violation or alleged violation of any law, rule, regulation, or rights of us or a third party.
Class Action Waiver
You may bring claims against Hollywood Feed only on your own behalf. Neither you nor Hollywood Feed will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought by a private attorney general, claims otherwise brought by a plaintiff who is acting in a representative capacity, or consolidated claims involving another person’s account, if Hollywood Feed is a party to the proceeding.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION CLAIMS AGAINST HOLLYWOOD FEED. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF A CLASS ACTION WAIVER, AND YOU ARE ENCOURAGED TO SEEK THE ADVICE OF COUNSEL.
Term and Termination
Subject to this section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Hollywood Feed Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Hollywood Feed Account and right to access and use the Site will terminate immediately. You understand that any termination of your Hollywood Feed Account may involve deletion of any User Content you may have posted. You release Hollywood Feed from any liability whatsoever to you for any termination of this Agreement, including for termination of your Hollywood Feed Account or deletion of your User Content.
The provisions herein related to our intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and class action waiver, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of this Agreement.
Respect for Copyright Law
Hollywood Feed respects the intellectual property of others and requires that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Hollywood Feed's intellectual property without our prior written consent or, with respect to products displayed on the Site, the consent of such third party that may own intellectual property. In connection with our Site, products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U. S. C. § 512(c)) must be provided to our designated copyright agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to Hollywood Feed's copyright agent by mail or email as set forth below:
By regular mail to:
ATTN: Copyright Agent – LEGAL NOTICE
Hollywood Feed, LLC
1341 Warford Street
Memphis, TN 38108
By email to:
Subject Line: "Attn: Copyright Agent – LEGAL NOTICE"
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Tennessee without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation.
If any provision of this Agreement is, for any reason, held to be invalid, void, or unenforceable, such provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, or severed from the Agreement, and such severance or modification shall not affect the validity and enforceability of the remaining terms.
This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Hollywood Feed's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
- Regular Mail: Hollywood Feed, LLC, 1341 Warford Street, Memphis, TN 38108, Attn: Privacy Officer
- Phone: 901-425-0849, 8am-5pm Central Standard Time