Terms of Use

TLC Values Our Customers

This policy was last updated: November 1, 2021

The Pet Food (“TLC”, or, “we”, “our”, “us”, “the company”) welcomes you to our retail website. By clicking or tapping “Log In”, “Create Account”, “Place Order” or entering or otherwise using our website, www.tlcpetfood.com, you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Certain products, programs and services on our Site (the “Products”) may have additional terms and conditions that apply (for example, if you opt into our Autoship Program, you also will be subject to the Autoship Terms and Conditions) and are incorporated in these Terms. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AND TLC PET FOOD AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TLC PET FOOD WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Privacy Policy

Please review our Privacy Policy which governs the use of this website and is incorporated in the Terms, to better understand our practices.

Electronic Communications

When you communicate with TLC via email, text message, video call and other communications through your desktop or other device, you are communicating with us electronically. Doing so implies your consent to receive communications from us electronically and allows you the ability to 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

TLC Accounts

In order to use certain features of the Site and make purchases on the Site, you must register for an account with TLC (“TLC 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 update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.

You are responsible for maintaining the confidentiality of your TLC Account login information. You are fully responsible for all activities that are associated with your TLC Account (including but not limited to any purchases or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify TLC of any unauthorized use or suspected unauthorized use of your TLC Account or any other actual or potential breach of security.

Order Confirmation

Receiving notification of an order confirmation or receipt of an Order ID does not constitute the acceptance of said order nor an agreement to sell. TLC reserves the right to limit the order quantity on any item or refuse service to any customer, without prior notification. TLC may require verification of certain information prior to acceptance of an order. Prices and product availability may change without notice at any time. Errors will be corrected when discovered and TLC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. TLC reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your TLC account may be restricted or made “inactive” at any time for any reason, at the company’s sole discretion.

Risk of Loss and Shipping and Delivery

All items purchased from TLC are made pursuant to a shipment contract with the company’s third party shipping partners, except for those orders identified within the company’s local delivery route, otherwise known as a “local delivery”. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the shipping partner. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the shipping partner.

Product Descriptions

TLC makes every attempt to accurately reflect our products on the Site but cannot guarantee product descriptions, depictions, colors, dimensions, ingredient lists or other content are complete, error-free, reliable, accurate or current. If a Product offered on the Site does not meet your expectations or is not as described, your only recourse is to return the product in accordance with our Return Policy.

Pricing

TLC cannot confirm the price of an item until you submit an order. If you use Autoship, the price of the item is set the morning the order is shipped in accordance with our Autoship Terms & Conditions. TLC does its best to maintain accurate pricing on our website. If the correct price for an item is higher than the price paid at the time the order is placed, we will, at our sole discretion and prior to shipping, contact you to inform you of the correct pricing and receive instruction on how to proceed (through full or partial refund or payment of a balance if applicable). By confirming your purchase at the end of checkout, you agree to accept and pay for the items as described in the order summary, as well as any applicable shipping fees, and or applicable sales tax. TLC orders are subject to all applicable sales tax required by law and based on the shipping address for the order.

Autoship

By checking “Yes! Schedule my orders using Autoship” and/or selecting “Yes” to schedule your first order using Autoship you agree and accept the TLC Pet Food Autoship Terms & Conditions.

Permissible Use of the Site

Subject to these Terms of Use, TLC Pet Food grants you limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. TLC may terminate this license or de-activate your account at any time for any reason.

The rights granted herein 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 from TLC Pet Food; (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 third party; (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 the express written consent from the company; and (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 TLC’s express written consent.

TLC reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that TLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned, controlled or used by or licensed to TLC Pet Food, including but not limited to, TLC, the TLC Pet Food design logo, and the use of “Delivered Fresh. Delivered Free.”, and the use of “Whole Life Pet Food”. Any use of the Marks without the prior written permission from TLC is strictly prohibited. The arrangement and layout of the Site including but not limited to, the Marks, images, text, graphics, buttons, screenshots, and other content or material are the sole and exclusive property of TLC.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

Content from “The Scoop” and Other Communications

TLC publishes articles and content to a blog (ie., “The Scoop”), as well as posts to our social media accounts, including Facebook, Instagram, and Twitter, publishing information relevant to pet owners. All information, articles and advice is offered for educational purposes only and should not replace the advice provided by a trained veterinarian.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

User Content

“User Content” of the Site’s user means any and all information and content, including photographs, videos and/or testimonials that such user submits to TLC by any means, including through social media (e.g., Facebook, Instagram, Twitter), uses with the Site (e.g., a user profile, form submission, reviews, etc.,), or when you otherwise interact with TLC (e.g., when you call Pet Service, or send us emails). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by TLC. Because you alone are responsible for your User Content (and not TLC), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. TLC is not obligated to backup any User Content, makes no representation that it will do so, and you agree that TLC may delete User Content at any time.

By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to TLC an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, TLC social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

TLC Pet Food will treat any feedback, communications, or suggestions you provide to TLC as non-confidential and non-proprietary subject to the limits of applicable law and our Privacy Policy. Thus, in the absence of a written agreement with TLC to the contrary, you agree that you will not submit to TLC any information or ideas that you consider to be confidential or proprietary.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that TLC 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.

Acceptable Use Policy

In connection with your use of the Site and interactions with TLC and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any Pet Food or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) 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; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) 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; (f) harass or interfere with another user’s use and enjoyment of the Site; (g) purchase Products for resale.

We reserve the right (but have no obligation under these Terms of Use) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your TLC Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your TLC Account username and password, Internet Protocol (IP) address and traffic information, usage history, and your User Content.

Third Party Sites and Other Users

This site may contain links to third party websites (collectively, “Third Party Sites”), for example, links to Facebook, Twitter, Instagram and other social media sites. These sites are not under the control of TLC Pet Food and we are not responsible for any Third Party Sites. We may provide links to these Third Party Sites only as a convenience to you and do not endorse, approve, monitor, review, warrant or make any representations with respect to Third Party Sites. You agree that you will use all Third Party Sites at your own risk and understand that visiting said sites makes you subject to the service provider’s terms and policies. You hereby release us, 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 either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

TLC Paw Partners

By joining the TLC Paw Partner Program (“the program”, “Paw Partner”, “Affiliate”, “Event/Org”) participating in, or applying to participate in the program, you agree to at all times comply with these Terms and all TLC Paw Partner policies, schedules, guidelines, and other documents and materials referenced in these Terms or otherwise made available within your Paw Partner account. The Paw Partner Program is intended exclusively for qualified affiliates (social media influencers, small businesses, etc.,) events and or organizations.

The Paw Partner account holder must be authorized to represent any business or organization they have created an account on behalf of. By creating a Paw Partner account or submitting an application to join the program, you represent that you are acting on behalf of the Paw Partner and have the authority to bind the Paw Partner to the Terms of Use. You are responsible for maintaining the security of the passwords associated with your Paw Partner account. Nothing herein grants you any rights to any Marks, and you may not create a unitary mark or imply any endorsement by, or affiliation with, TLC without TLC’s prior written consent in each instance; and TLC may revoke all such rights at any time upon written notice. TLC Paw Partners and the authorized individuals who sign-up on their behalf are fully subject to these Terms.

We reserve the right to deny or only partially fulfill requests as permitted by law, including the right to retain records for the purpose of maintaining tax information or other record keeping purposes, or for the purpose of continued use of our services.

Disclaimer of Warranties

TLC intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER TLC NOR ITS THIRD PARTY SERVICE PROVIDERS, CONTRACTORS, PARTNERS, SUPPLIERS OR AFFILIATES 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. Accordingly, to the extent permitted by applicable law, TLC 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 so such disclaimers may not apply to you.

Limitation On Liability

IN NO EVENT SHALL TLC, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, OR THIRD PARTIES, 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 TLC PET FOOD, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA 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 TLC Pet Food, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (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 TLC IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM.

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

General

We reserve the right to make changes to our Site at any time, including but not limited to our Terms, our Privacy Policy, Autoship Terms and Conditions, and any other terms and conditions that may apply to our Site and/or Products, programs and services. Each time you use our Site, you should visit and review the then current terms and policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then current terms and policies, your sole remedy is not to use our Site. If any provision of these Terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TLC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon assignees.

Contact Information

For questions or concerns about these Terms, and your legal relationship with TLC Pet Food, please contact us at:

TLC Pet Food Legal Department
181 Cooper Ave
Suite 100
Tonawanda, NY
14150