Disclaimer & Liability Policy
General Liability
Vivid Canine LLC (“Vivid Canine”) provides products designed
with the same care and standards we apply to our own dogs. However, consumers
are solely responsible for determining the suitability of our products for
their individual circumstances and assume all responsibility and liability upon
purchase. To the fullest extent permitted by applicable law, Vivid Canine,
along with its owners, officers, employees, affiliates, and suppliers, cannot
be held responsible for any injuries or damage that may result from the use of
our products. We strongly recommend using good judgment in deciding the
appropriate use for all Vivid Canine products and ensuring proper supervision
when using any Vivid Canine product. Additionally, Vivid Canine products should
be inspected regularly and replaced as necessary.
Product Suitability & Safety
While our products are designed for durability and daily
wear, they may not be suitable for every dog or activity level. Our products
are not rated to specific pull or load thresholds, so choosing the right
product for your dog's size and strength is essential. We prioritize safety and
encourage you to take extra care when selecting the right product for your pet.
Never place a collar or leash on your dog that is too tight or too loose, and
ensure bandanas and other accessories fit comfortably without restricting
movement. Pets should always be supervised when using Vivid Canine products.
Allergies & Material Sensitivities
Our products are made from a variety of materials, dyes, and
hardware that may cause allergic reactions or sensitivities in some pets. It is
the owner's responsibility to review product materials and monitor their pet
for any adverse reaction. Discontinue use immediately and consult a
veterinarian if any irritation, discomfort, or reaction occurs.
Consumers who use our products acknowledge that Vivid Canine
shall not be liable or responsible for any loss or damage caused or alleged to
have been caused, directly or indirectly, by the products, information, or
ideas contained in any of our marketing material, packaging, or website. In no
event shall Vivid Canine or its owners, officers, employees, affiliates, or
suppliers be liable to you or any other party for indirect, incidental,
special, punitive, or consequential damages, whether based in contract, tort,
or any other legal theory, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the total aggregate
liability of Vivid Canine arising out of or related to our products shall not
exceed the purchase price you paid for the product giving rise to the claim. It
is the responsibility of the owner to comply with local safety standards when
caring for pets.
Dispute Resolution; Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL
RIGHTS.
To the fullest extent permitted by applicable law, any
dispute, claim, or controversy arising out of or relating to our products or
this Policy shall be resolved by final and binding arbitration on an individual
basis, rather than in court, except that you may bring an individual claim in
small claims court if it qualifies. The arbitration shall be administered by a
recognized arbitration provider under its applicable consumer rules and shall
take place in Phoenix, Arizona.
YOU AND VIVID CANINE LLC AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
If this class action waiver is found unenforceable, the
entire arbitration provision shall be null and void. You may opt out of this
arbitration agreement by notifying us in writing at info@vividcanine.com within
thirty (30) days of your first purchase.
Acknowledgment
The use of our products is an acknowledgment that you have
read, understood, and agreed to our Disclaimer & Liability Policy.