Terms of Sale

Updated on August 10, 2022 (“Effective Date”).

By purchasing any products or services from Hollywood Feed, LLC (“Hollywood Feed,” “us”, “we,” etc.) on or through www.hollywoodfeed.com or our mobile application (“App”) (www.hollywoodfeed.com and App referenced collectively herein as “Site”), you agree to and accept these terms and conditions (“Terms of Sale” or “Agreement”).

THESE TERMS OF SALE GOVERN YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED BY OR PURCHASED FROM HOLLYWOOD FEED. BY MAKING A PURCHASE FROM HOLLYWOOD FEED, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND WILL ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

THESE TERMS OF SALE CONTAIN A CLASS ACTION WAIVER, UNDER WHICH YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT.

Certain products and services on the Site are offered on a automatically renewing basis through our subscription program (“Auto Ship” program). If you enroll in the Auto Ship program, your subscription will automatically renew, and you will continue to be charged on a recurring basis, until you cancel. You can cancel or modify your subscription by contacting bark@hollywoodfeed.com, or by clicking here to login to your account, then selecting “AutoShip” from the menu on the left-hand side of the screen.

Terms of Use

Please review our Terms of Use which govern your use of the Site and which are incorporated by reference herein.

Privacy Policy

Please review our Privacy Policy, incorporated by reference herein.

The Hollywood Feed Promise

The Hollywood Feed Promise governs all purchases made from Hollywood Feed, for a commercially reasonable time period following the date of purchase:

“If your pet doesn’t love it, or if you don’t love it, we will gladly replace or refund it.”

Some restrictions may apply. Questions concerning the applicability of the Hollywood Feed Promise will be resolved by Hollywood Feed on a case-by-case basis, in Hollywood Feed’s sole discretion. Without limiting the foregoing, Hollywood Feed reserves the right to refuse refunds to customers who, in our sole discretion, abuse this policy.

Order Acceptance

After you place an order on the Site, verification of identity, ownership of the account, payment authorization, and other payment-related information may be required prior to the acceptance of an order. The receipt by you of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell by Hollywood Feed. Orders placed using payment methods without verifiable authorization, or other fraudulent or criminal conduct, constitute improper use of the Site. Hollywood Feed reserves the right, at its sole discretion and without prior notification, to limit the order quantity on any item and/or to refuse service to any customer or cancel any order for any or no reason. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Hollywood Feed reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Your account may also be restricted or terminated for any reason, at Hollywood Feed's sole discretion.

Risk of Loss

With respect to items purchased on the Site and delivered by third-party carrier, risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Hollywood Feed attempts to be as accurate as possible in all content we communicate or make available concerning product(s) and services. However, Hollywood Feed does not warrant that product descriptions or other content provided on packaging or at the time of sale are accurate, complete, reliable, current or error-free. If a product offered by Hollywood Feed is not as described, your sole remedy is to return the product for a replacement or refund pursuant to the Hollywood Feed Promise.

Pricing

Online prices, offers and selection may vary between our retail stores and the Site, and are subject to change. Despite our best efforts, a small number of items may be mispriced. If the correct price of an item is higher than our stated price, we may: (i) complete the sale, in our commercially reasonable discretion, if the incorrect price benefits you; (ii) contact you for instructions before completing the sale and shipping the item(s); or (iii) cancel the order and notify you of such cancellation. Hollywood Feed does business throughout the forty-eight (48) contiguous United States. Sales tax may be imposed on any purchase you make.

Auto Ship Terms

Certain products and services on our Site are offered on a subscription basis through our Auto Ship program. If you enroll in the Auto Ship program, your subscription will automatically renew, and you will continue to be charged on a recurring basis, until you cancel. You can cancel or modify your subscription by contacting bark@hollywoodfeed.com, or by clicking here to login to your account, then selecting “AutoShip” from the menu on the left-hand side of the screen.

Your subscription is non-transferrable and can only be accessed through your personal account on the Hollywood Feed Site where the purchase was made. Through your Auto Ship subscription, you will be automatically charged the applicable price on a recurring basis, unless and until you cancel. Your subscription will be automatically renewed in accordance with the price and your selected billing frequency (i.e., weekly, monthly, or yearly) as long as all of the following conditions are met:

 

• You comply with the Hollywood Feed Terms of Use, Terms of Sale, and these Auto Ship terms, including, without limitation, the payment terms.
• The Auto Ship program is still available.
• The subscription was not cancelled by you or by Hollywood Feed in accordance with the Terms of Sale.

 

You must pay using a credit card or debit card (“payment method”). Your account will be charged the initial amount, and all recurring charges, using the payment method used to create your subscription account or as otherwise directed by you. If we are unable to renew your subscription with the payment method you used to create your subscription account, we will contact you to update your payment method. If you do not update your payment method, Hollywood Feed will cancel your Auto Ship subscription. Hollywood Feed may, at any time and in its sole discretion, change the fees and will notify you within a reasonable time in advance of any fee increases. If you disagree with a change, you must cancel your Auto Ship subscription.

You can cancel or modify your subscription by contacting bark@hollywoodfeed.com, or by clicking here to login to your account, then selecting “AutoShip” from the menu on the left-hand side of the screen. You must cancel prior to your next billing date in order to avoid being charged for your next subscription period.

We reserve the right to modify these Auto Ship terms. Your continued participation in the Auto Ship program after modification constitutes your acceptance of the changes. In addition, we may, in our sole discretion, terminate your Auto Ship subscription at any time without notice. If we do so, you will no longer be charged for future recurring subscription fees. We may also, in our sole discretion, terminate the program at any time without notice to you.

Intellectual Property Rights

This Site, Hollywood Feed store locations, and products we offer contain and utilize valuable trademarks and service marks owned and used by Hollywood Feed, including but not limited to: Hollywood Feed, the Hollywood Feed design logo, the Hollywood Feed and A Different Breed design marks, the Hollywood Feed dog silhouette design mark, hollywoodfeed.com, among numerous other trademarks used by us (collectively, the "Hollywood Feed Marks"). The Hollywood Feed Marks are registered to and/or otherwise protected by Hollywood Feed under United States, Canadian, and/or international intellectual property laws. Any use of the Hollywood Feed Marks without the prior written permission of Hollywood Feed is strictly prohibited.

Hollywood Feed uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content offered at our store locations and via our Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these products and other such third parties that are not owned by us are the property of their respective owners.

Disclaimer of Warranties

Hollywood Feed offers all information, products, and services on an “AS IS” and "AS AVAILABLE" basis. HOLLYWOOD FEED MAKES NO WARRANTIES BEYOND THOSE ON THE FACE OF THE PRODUCTS AND SITE THEMSELVES. You expressly agree that your use of products and services offered by Hollywood Feed is at your sole risk. To the extent permitted by applicable law, HOLLYWOOD FEED EXPRESSLY DISCLAIMS ALL WARRANTIES BEYOND THOSE ON THE FACE OF THE SITE AND THE PRODUCTS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR 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/OR ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH HOLLYWOOD FEED, YOUR USE OF THE SITE, THIRD PARTY SITES, PRODUCTS, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF PRODUCTS OR SERVICES PURCHASED FROM HOLLYWOOD FEED IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 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.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

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 or alleged violation of: this Agreement; any applicable law, rule, or regulation; or the rights of Hollywood Feed or any third party. Hollywood Feed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Hollywood Feed.

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. Without limiting the foregoing, nothing herein shall preclude you or us from pursuing claims for public injunctive relief on an individual basis.

AGREEING TO A CLASS ACTION WAIVER IS AN IMPORTANT DECISION. 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.

General

We reserve the right to make changes to this Agreement and other service terms, such as our Privacy Policy, at any time. Each time you visit one of our store locations, you should review the then current terms that apply to your transactions. If you do not agree to be bound by the then current terms, your sole remedy is to not complete the transaction.

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.

CONTACT US

If you have questions about our Terms of Sale, contact us by:

• E-mail: bark@hollywoodfeed.com
• Regular Mail: Hollywood Feed, LLC, 1341 Warford Street, Memphis, TN 38108, Attn: Terms of Sale Inquiry
• Phone: 901-425-0849, 8am-5pm Central Standard Time