Terms Of Use Agreement

Welcome to our site. We maintain this Web site as a service to our customers. By using our site (the ''Site''), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review or submit information or obtain products or services from this Site.

Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (''Agreement'') with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

LEGAL NOTICE

All textual, graphical and other content appearing on this Site, unless otherwise noted, are the property of Flintriver.com (''Company'').

Copyright © 1998-2008 Flintriver.com. All Rights Reserved. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You may view, copy, print and use content contained on this Site solely for your own personal use and provided that: (1) the content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; (3) no graphics available from this Site are used, copied or distributed separate from accompanying text; (4) no content available from this Site may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon Company, its products, its employees or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.

Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Trademarks mentioned on the Site are either trademarks or registered trademarks of the Company or Flint River Ranch Company. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Disclaimer and Limits. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Company on this Site, but Company is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Site, the site(s) of the Flint River Ranch Company, or any other web site. Information and related materials are subject to change without notice. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED ''AS IS,'' ''AS AVAILABLE,'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

THIS WEB SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEB SITES OF PRODUCER COMPANY DEALERS. COMPANY DEALERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF COMPANY. COMPANY DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABILITY, OPERATION OR PERFORMANCE OF WEB SITES OF COMPANY DEALERS, OR ANY OTHER SITES, TO WHICH THIS WEB SITE MAY BE LINKED OR FROM WHICH THIS WEB SITE MAY BE ACCESSED.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.

Should any user of this Web Site send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this Web Site, such information shall be deemed to be nonconfidential, and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Third-Party Services. We allow access to or advertise third-party merchant sites (''Merchants'') from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Access to this Web Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring. This Web Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Company cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Links to Other Web Sites: The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

This Web Site may be accessed by users internationally and may contain references or cross references to Company products, programs and services that are not available or are prohibited in your country. Such references do not imply that Company intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. Company reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations.

SHIPPING POLICY

To provide you with fresh and preservative-free food, strict quality control is maintained over product storage and distribution. You won't find our food sitting on grocery store shelves - instead, our distribution system ensures the product is shipped fresh from the oven directly to you.

Shipping cost is included in the price of all products. The price you see on our Site is the total price you pay, and is the amount that is refunded to you in the unlikely situation where the food must be returned.

We process all orders within one business day. To ensure faster delivery, orders are transferred electronically to the Flint River Ranch distribution center nearest you. Average delivery time after UPS pickup is 3 to 7 business days. With some remote delivery points, UPS may schedule delivery only once or twice a week. Please order in advance of need and allow time for delivery.

Return Policy - 100% SATISFACTION GUARANTEED FOR 30 DAYS! We guarantee we’ll do our best to keep you and your pets happy! We're so confident that your cats and dogs will thrive on our food that we accept returns within 30 days of the invoice date and will refund 100% of the purchase price if the product fails to meet your expectations for any reason. If you are not satisfied for any reason, please call us toll-free at 1 (866) 236-5102.

This Section sets forth your sole and exclusive right to refund and return. You must have a return authorization code, and you must pay the return shipping costs. Please contact FlintRiver.com customer service toll-free at 1 (866) 236-5102 for a return authorization code and instructions on returning the merchandise. No refund or replacement will be issued for items returned without authorization from FlintRiver.com.

Expedited Delivery. If expedited delivery is required, we suggest a small bag be ordered to meet your requirements and a larger bag be sent by regular ground shipment. This will help reduce your additional charges for the expedited delivery. To arrange expedited delivery (UPS Overnight, 2nd Day Air, 3rd Day Air) please call us and we will arrange it. Please be aware that expedited shipment is quite expensive because of the weight of the product, and shipping charges alone can easily be more than the cost of the product. Call us at 1 (866) 236-5102.

Automatic Shipments. An automatic shipment program is an ideal way to ensure that you will receive product on a regular scheduled basis. An autoship schedule can be easily cancelled or changed with a minimum advanced notice of 5 business days.

Lost Shipments. If you are not at home, UPS will endeavor to try several times to make delivery. In some cases, depending up the delivery area, UPS may leave your package at the front door; otherwise, they will leave a note or mail you a notice of attempted delivery. If you do not respond within 5 days, UPS will return the package to the Flint River Ranch warehouse.

Because of weather, holidays, and various other reasons, your package may require extra time for delivery. While UPS is usually very efficient, sometimes packages are incorrectly routed and delayed in shipment. When confirming shipments, the date provided by customer service is the date invoiced. The actual pickup date can be a day later as UPS scheduled pickup closes at 3 PM and pickup may be over a weekend or holiday.

If you haven't received your order and think it may be lost, please call us toll-free at 1 (866) 236-5102 or email us at CustomerService@FlintRiver.com. Please leave your full name, day-time phone number, and request a priority package trace. We will get back to you as soon as possible and let you know the status of your order; we typically respond within one business day.

Damaged Shipments. If you receive a shipment that is noticeably damaged, refuse the shipment and have it returned to Flint River Ranch for replacement. If the shipment was left at your home while you were out, call UPS at 1 (800) 742-5877 and advise them that you are refusing the shipment and they will pick it up. Please call us toll-free at 1 (866) 236-5102 or email us at CustomerService@FlintRiver.com so that we can ensure that you get a replacement or credit.

Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

PERMISSION STATEMENT FOR PET GALLERY SUBMISSIONS

By sending us your pictures and information about your pet(s) for our Pet Gallery ("Material") to be incorporated on the Site, you grant Flintriver.com a worldwide, perpetual, irrevocable and non exclusive license to demonstrate, display, distribute, market, perform, use, edit, reproduce, and transmit and publish the content by any means, methods, technologies now known or hereafter to become known. You also permit Flintriver.com to sublicense the rights granted under this paragraph to its distributors and other third parties. Such right shall include, without limitation, the right to: (a) modify, or have modified the Material (including making derivative works of), to combine the Material or portions thereof with such other material (animation, video, sound, software, etc.) as Flintriver.com selects to create the Pet Gallery, and to put the Material into electronic format; (b) to market, distribute, sublicense, lease and rent, directly or indirectly to end users, products containing the Material; and (c) to grant sublicenses to others to undertake the activities authorized above. Flintriver.com owns all right, title and interest, including the copyright, in and to the Pet Gallery, including, without limitation, electronic rights thereto, and may use, re-use, license, transfer or dispose of them, without limitation, for any and all purposes, in any and all languages, formats and media now known or hereafter known, including, without limitation, print publications and electronic versions. Content published to the Site will become available for viewing and download from our online gallery. Acceptance of any content for publishing is at our sole discretion and Flintriver.com reserves the right not to publish any of your content or to remove any of your content from the Site at any time.

Miscellaneous. This Agreement shall be treated as though it were executed and performed in Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations and disclaimers set forth above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Dallas, Texas. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.