Central Garden & Pet Company, along with its subsidiaries, divisions, affiliated and/or related companies (“Central”) maintains this site (the “Site”). While we encourage you to submit information regarding your possible business plans and ideas, we do not expect you to share proprietary information, nor can we accept responsibility for the protection of any such information or materials submitted by you on this Site. Any information or materials you submit on this Site may be used or evaluated by Central for any purpose and in any matter, in Central’s sole discretion. Submission of materials on this Site does not constitute any type of express or implied agreement between you and Central regarding the use of such materials or any other matter.
The Site and its contents are designed to comply with U.S. laws and regulations. Although accessible by others, it and its content are intended for access and use by U.S. residents only.
This Site contains information concerning Central and Central’s products that may be useful to Central’s customers as well as the general public. In particular, Central makes no representation or warranties as to the accuracy of any information contained herein and expressly disclaims any obligation to update said information. Central further assumes no liability or responsibility for any errors or omissions in the content of this Site.
Through your access to and use of the Site, you accept, without limitation or qualification, the terms and conditions (“Terms and Conditions”) set forth below.
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You and us agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Site or otherwise arising between you and Central and each of our and their directors, officers, employees, and contractors exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law.
PRESENT CLAIM PLUS FACTUAL CLAIM TO YOUR DISPUTE; AFTER ADEQUATELY PRESENT THE CLAIM – THEN 60 DAYS
You must first contact Central to present any factual claim or dispute, to allow Central an opportunity to resolve the dispute. You may request arbitration if your factual claim or dispute cannot be resolved within sixty (60) days after presenting the factual claim or dispute to Central. Central may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Conditions of Use. The place of any arbitration shall be exclusively Contra Costa County, California, and shall be conducted in the English language; provided, however, you may request that any or all proceedings within the arbitration be conducted by phone or written submission.
Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages other than the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. The arbitrator may allow reasonable discovery but such discovery shall bear a reasonable relationship to the amount in controversy.
Any arbitration shall be confidential, and neither you, nor Central nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Central shall pay all administrative filing fees for any arbitration that we initiate. All other administration filing fees will be divided between you and Central according to the then-current applicable rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. Central shall not seek to recover attorneys’ fees from you for any claims filed in arbitration that are not frivolous.
The requirement of arbitration does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to the Site or to Central’s servers in any court of competent jurisdiction. Notwithstanding the foregoing, any ajudication for damages must be provided above.
Limitation on Time to File Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising between you and us including those that arise out of or are related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver and Severability