Agreement between User and earthakittycat.com
Welcome to earthakittycat.com. The earthakittycat.com website (the "Site") is comprised of various web pages operated by Eartha Kitty Cat Beds LLC ("EKCB"). earthakittycat.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of earthakittycat.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
earthakittycat.com is an E-Commerce Site.
We sell the original organic wheatgrass cat bed designed for the indoor cat. All creatures were meant to experience the outdoors and "earth" - the practice of walking barefoot or bare-paw on soil, grass, or sand. Cats naturally crave this so not only does the wheatgrass bed provide nutrition, but a source of earthbound comfort for the indoor pet.
Visiting earthakittycat.com or sending emails to EKCB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
EKCB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use earthakittycat.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
earthakittycat.com may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of EKCB and EKCB is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. EKCB is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by EKCB of the site or any association with its operators.
Certain services made available via earthakittycat.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the earthakittycat.com
domain, you hereby acknowledge and consent that EKCB may share such information and data with any third party with whom EKCB has a contractual relationship to provide the requested product, service or functionality on behalf of earthakittycat.com users and customers.
International Users The Service is controlled, operated and administered by EKCB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EKCB Content accessed through earthakittycat.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless EKCB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EKCB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EKCB in asserting any available defenses.
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Changes to Terms EKCB reserves the right, in its sole discretion, to change the Terms under which earthakittycat.com is offered. The most current version of the Terms will supersede all previous versions. EKCB encourages you to periodically review the Terms to stay informed of our updates.
Contact Us EKCB welcomes your questions or comments regarding the Terms: Eartha Kitty Cat Beds LLC
Email Address: liz@earthakittycatcom
Telephone number: 407-431-0414
Effective as of April 04, 2022