Terms and Conditions of Use
For Electronic Communications & Other Media Sites (Including Web Site)
(Last Updated 1/31/2020)
Terms and Conditions of Use
Disclaimer of Warranties
THE MATERIALS THROUGH LYSTN’S SITES AND THE SYSTEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LYSTN DOES NOT WARRANT THAT THE FUNCTIONS OF LYSTN’S SITES AND THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LYSTN’S SITES AND THE SYSTEM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LYSTN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF LYSTN’s SITES AND THE SYSTEM AND THE MATERIALS OR INFORMATION ON LYSTN’S SITES AND THE SYSTEM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT ANY COMMUNICATION, MATERIAL OR OTHER INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LYSTN’S SITES AND THE SYSTEM OR ANY THIRD PARTY SITES (INCLUDING WEB SITES) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM FOR EXPOSURE TO VIRUSES AND LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH COMMUNICATION, MATERIAL OR OTHER INFORMATION.
Lystn disclaims any responsibility for the content of any third-party materials provided through or on Lystn’s Sites or System. Lystn desires to respect all copyrights and to respond accordingly when notified of the infringement of those rights (see the Copyright Infringement section below on submitting notification to us pursuant to the Digital Millennium Copyright Act).
ANSWERS™ E-Commerce Shop Online Program (AESOP)
If you are visiting our Site to shop on-line, welcome to ANSWERS™ E-Commerce Shop Online Program (AESOP) for customers referred by our loyal Retailers. Lystn, LLC d.b.a./ANSWERS™ Pet Food is very excited to introduce to you our custom platform that Lystn has specifically built in order to benefit and incorporate the sales of Lystn’s retail store partners while servicing our customers. From the increasing expectations of customers and because of distribution problems reaching some customers in more difficult locations across the United States, ANSWERS™ designed a viable on-line solution that helps protects our distributors, retail stores and customers while meeting these demands.
In contrast to the traditional third-party sites that cut-out brick and mortar stores, Lystn has integrated a System where Lystn includes personal retail assistance and sales along with the convenience of product availability. This allows ANSWERS™ retail stores, and certain distributors contracted to ship AESOP products to customers to become engaged in Lystn’s AESOP program, but at the same time provide value-added service to the customers.
In order to protect Lystn’s independent business partners from on-line competition not associated with ANSWERS™, Lystn’s business model is priced over our suggested retail pricing (+ Shipping & Handling [S&H], and tax). Stores earn a tier percentage commission. Commission is credited back to the retail stores through the distributor of their choice.
Stores are required to apply in order to participate in the AESOP program. Once an application is approved, each individual store receives their own store sale code in which they will share with their customers. When a retail store customer uses the store’s sale code, the customer’s on-line pricing reduces. This sale code will change at the beginning of every month. Shipping location eligibility will be determined by zip code.All approved stores will be eligible for a code.
These Terms and Conditions of Use are applicable to users of Lystn’s Sites and System including all parties participating in Lystn, LLC d.b.a./ANSWERS™ E-Commerce Shop Online Program (AESOP). These Terms and Conditions of Use establish requirements and criteria for using Lystn’s Sites and for buyers participating in AESOP to provide transparency and customer awareness. If any party is in disagreement in complying with these Terms and Conditions of Use or other policies of Lystn, then such party should not use Lystn’s Sites and System and not participate in AESOP.
Participating Retail Store Program Requirements
As part of ANSWERS™ E-Commerce vetting process and to ensure Customers are dealing with legitimate retail Stores, a Retail Store that applies to participate:
If a customer has any concerns about a retail store they are dealing with, they should contact us at 1-800-431-8480 or email us at firstname.lastname@example.org.
Important AESOP Program Guidelines
Store distribution of on-line codes
Lystn recognizes and supports our traditional retail store operations as they play a vital part of our business, not only in merchandising Point of Presence [POP] sales, but with the irreplaceable personal service, knowledge and guidance which customers receive. We encourage customer loyalty for in-store sales to benefit from the many advantages of in-store experiences. In-store personal experiences allow retail stores to continue to build relationships. With this in mind, Lystn has a policy in place regarding mass communications.
Any misuse of the program by retail stores is subject to termination by ANSWERS™ Pet Food.
Appointment and Limitation of Distribution Right
Certain Distributors, contracted with Lystn, will be a shipping point for products sold by way of AESOP to customers.Distributor’s sole remuneration hereunder shall be the payment agreed to in writing between Lystn, LLC and distributor, not from Customer. Customers should not receive bills or invoices or be requested to make payment from retail stores or distributors.
Quality Assurance/Quality Control (QA/QC) of Products and Handling
Lystn has in-place many QA/QC requirements in place, along with the distributors shipping products to end-use customers, including but limited to compliance with all laws and governmental rules and regulations, specifications applicable to the storage, handling, transportation and delivery of products. All products sold to customers of the AESOP and shipped by distributor shall, when delivered, be reasonably acceptable as to flavor, odor and appearance and meet the specifications of Lystn. All products have a Best Used By Date (BUBD) and has a Limited Warranty if kept frozen, (see Limited Warranty within this document).
Lystn desires to sell products to customers at prices stated on AESOP. Shipping, handling and taxes are additional. In order to protect both Lystn and the customer from varying market conditions, Lystn’s pricing may be changed by Lystn at any time without notice.
Shipping and Handling Charges
Shipping and Handling charges are in addition to product pricing and applicable taxes. Shipping and Handling Charges will vary depending on any number of factors. Examples of what will, as well as can affect Shipping and Handling Charges include location for delivery (destination charges), location of shipping point (shipping charges), size and weight of shipping box with contents (varying order sizes), preparation time for packaging, day of shipping and receiving, dry ice costs, insulation costs, etc. While Lystn can standardize some costs, there are others that will be variable or is set by third parties. Regardless, the buyer will be able to know what shipping and handling costs are applicable for their order before having to pay for the order to determine if the buyer wishes to proceed, modify their shopping cart or cancel their order.
With respect to any purchase of products through AESOP, if any local, state or federal tax (“Tax”) is known and required by applicable law to be collected from the customer by Lystn, then Lystn will bill the Tax separately on the bill or invoice to the customer clearly identified as such. Lystn will not be responsible for any interest or penalties associated with customer’s failure to pay Tax.
If customer provides satisfactory proof to Lystn of the granting of an allowable exemption, then Lystn will not bill or collect such Tax during the effective period of the exemption. Each party is responsible for properly reporting Taxes paid.
Lystn shall submit amount owed, bill or invoice to customer on-line at the conclusion of the shopping cart when proceeding to payment. Customer shall pay Lystn for all products ordered, to be delivered and subsequently received at the customer’s designated premise in compliance with approved credit cards under the Terms and Conditions of AESOP and the individual credit card companies. In the event a payment submitted by a customer is subsequently denied, the maximum allowable interest charge by law may apply, as well as other available courses of action(s) may be pursued.
ANSWERS™ Pet Food Resources Available to All Parties
Because there are many opportunities for unknowns to occur, such as packaging or product damage, leakage, temperature abuse, and mishandling along the way from our manufacturing facility to the Customer’s pet’s food bowl, Lystn has put in-place many quality assurance and quality control (QA/QC) measures for monitoring the completeness of the customer’s experience, but Lystn also needs to hear from the customer if something does not meet their expectation.
(1) Therefore, the first resource available to all parties is Lystn’s Contact Information if the party needs to reach out to Lystn for any reason. A representative can be reached at 1-800-431-8480 or email us at email@example.com. Lystn will work with the party and take reasonable steps to satisfy the party and keep their confidence in Lystn and our ANSWERS™ products.
(2) Next, another assurance is Lystn’s Limited Warranty and Available Remedies (See Limited Warranty and Remedies within this document).
Under no circumstances shall Lystn be held liable and responsible for any delay or failure in performance resulting directly or indirectly of any part of using Lystn’s Sites including AESOP to the extent that such delay is caused by reason of acts of God, acts of government in its sovereign capacity, government actions, orders of domestic or foreign courts or tribunals, wars, revolution, civil commotion, acts of public enemy, embargo, acts of nature, and forces or causes beyond Lystn’s reasonable control including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, or any other circumstances beyond Lystn’s reasonable control and not involving any fault or negligence of a Third Party (“Cause”). If any such Cause occurs, reasonable efforts may be made to notify the customer. Lystn makes no guarantees or representations of actual delivery dates, but estimated delivery dates.
Information and Intellectual Property, Confidential Information
All materials and information included as part of the Sites and System, including the term “information”which includes but is not limited to: programs and related documentation; specifications; drawings; models; formulas; protocols; technical and business data and plans; works of authorship and other creative works; and ideas, knowledge and know-how, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of Lystn’s Sites), is our property and is protected by copyright and other laws that protect intellectual property and proprietary rights. Information may be transmitted in writing, other tangible form or orally.
Such materials and information of the Sites and System may be used as a resource for purchasing the products, receiving services and/or obtaining information offered through the Sites and System for personal use, not commercial use. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of Lystn is strictly prohibited.
In the event of any permitted use of such materials and information, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, the permitted party will make no changes in or deletion of author attribution, trademark legend, service mark legend or copyright notice. No right, title, or interest in any such materials and information will be granted or transferred to any party as a result of any permitted use of such materials.
Any and all existing materials and information, ideas, inventions, documents, data, programs, formulas, protocols, and/or other materials existing and developed or produced in the future by Lystn or through AESOP (collectively “Work Product”) are and shall be the sole and exclusive property of the Lystn who shall have the right to use the Work Product for any purpose without any required approval. Lystn does not grant distributor, retail store or customer any license, expressed or implied, under any patent, copyright, trademark, trade secret or otherwise in the Work Product or in other Lystn intellectual property
Patents, Trademarks, Service Marks, Copyrights and Other Ownership Property of Lystn
All patents, trademarks, service marks, trade names, copyright material, logos, and icons used on the Sites and System are owned and proprietary to Lystn. Nothing contained on the System or referenced on Lystn’s Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, copyright material, logos, and icons displayed on Lystn’s Sites without the written permission of Lystn or such third party that may own the trademarks, service marks, trade names, copyright material, logos, and icons displayed on the Sites and System. Use by any party other than Lystn of the trademarks, service marks, trade names, copyright material, logos, and icons and information displayed on the Sites and System, or any other content on the Sites and System, except as provided herein, is strictly prohibited. All use of these trademarks, service marks, trade names, copyright material, logos, and icons must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these trademarks, service marks, trade names, copyright material, logos, and icons. It is our understanding that under the law, we would be entitled to collect your profits, our actual damages and, perhaps, even our attorneys’ fees.
Inquiries concerning use of Lystn's trademarks, service marks, trade names, copyright material, logos, and icons or other intellectual property should be addressed to Lystn LLC, Attn: Keith A. Hill, 356 Maidencreek Road Fleetwood, PA 19522.
Lystn shall be the sole owner of all trademarks, service marks, trade names, copyright material, logos, and icons and other intellectual property rights and protection in connection with any Work Product. Distributors, retail stores and customers shall not provide, use or make any Work Product available for the benefit to any third party without the prior written consent of Lystn.
Materials and Information that Lystn furnishes to distributor, retail store, and/or customer will remain Lystn’s property and shall be considered and treated by distributor, retail store and customer as proprietary information and confidential if so, marked.
While Lystn hereby grants permission for users to navigate around Lystn’s Sites with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial or public use of Lystn’s Sites or any portion hereof is strictly prohibited. “Lystn”, “Lystn, LLC”, “ANSWERS™”, “ANSWERS™ Pet Food”, “ANSWERS™ E-Commerce Shop Online Program (AESOP)”, and variations of these terms, even when coupled with other ANSWERS™ brand terms are owned, by Lystn, LLC including promotion materials and content of the Web Site and that each content is subject to copyright laws.
Lystn prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent who will provide you with details of information needed in writing (see 17 U.S.C 512(c)(3) for further detail). By submitting the required information in writing to our Copyright Agent, you acknowledge that if you fail to comply with all of the requirements of the DMCA, your DMCA notice may not be valid.
Our designated Copyright Agent to receive notifications of claimed infringement is Keith A. Hill who can be reached at (484) 651-2366. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at 1-800-431-8480.
Title to Product
Title to any and all products sold and furnished by Lystn to customer, vests in customer when the products are delivered to the customer location and paid for in full.
Limitation of Liability
Lystn LLC d.b.a./ANSWERS™ Pet Food (LYSTN or ANSWERS™)
NEITHER LYSTN NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING LYSTN’S SITES AND/OR THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF LYSTN’S SITES AND/OR THE SYSTEM, OR THE INABILITY TO USE LYSTN’S SITES AND/OR THE SYSTEM, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, EVEN IF LYSTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS PURCHASED AND/OR SERVICES RECEIVED AND/OR INFORMATION OBTAINED THROUGH OR ADVERTISED ON LYSTN’S SITES AND/OR THE SYSTEM OR THIRD-PARTY SITES INCLUDING THEIR WEB SITES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR INFORMATION, LOST PROFITS, OR LOST DATA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN SOME CIRCUMSTANCES. IN NO EVENT SHALL LYSTN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO LYSTN FOR PRODUCTS SOLD OR SERVICES RENDERED OR INFORMATION OBTAINED. LYSTN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON SITES AND/OR IN THE SYSTEM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM SITES AND/OR THE SYSTEM.
You assume total responsibility and risk for your use of Lystn’s Sites and/or the System and any third-party Sites including their web site accessed through Lystn’s Sites and/or the System. Your sole remedy for dissatisfaction with use of Lystn’s Sites and/or the System or any products purchased or services rendered or information obtained through Lystn’s Sites and/or the System or any third-party Sites including their web site accessed through Lystn’s Sites and/or the System is to stop using Lystn’s Sites and/or the System or such products or services or information.
ANSWERS™ Pet Food Limited Warranty.
Lystn LLC d.b.a./ANSWERS™ Pet Food (“LYSTN” or “ANSWERS™”) warrants to the “DISTRIBUTOR”, “DISTRIBUTORS’ AGENT”, “RETAIL STORE”, “RETAIL STORES’ AGENT”, “CUSTOMER(S)” or any “OTHER PARTY”:
LIMITED WARRANTY: THE PRODUCT(S), WHEN USED IN ACCORDANCE WITH LYSTN’S DIRECTIONS FOR USE AND WHEN HANDLED IN ACCORDANCE WITH SUCH DIRECTIONS FOR USE, ARE FIT FOR THE PURPOSES DESCRIBED IN THE LABELING AND DIRECTIONS. FURTHER, IF THE PRODUCTS ARE NOT USED IN ACCORDANCE WITH THEIR DIRECTIONS AND LABELING, THIS LIMITED WARRANTY PROVIDED IS VOID AND OF NO EFFECT. THIS STATES THE ENTIRE EXTENT OF LYSTN’S WARRANTIES AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER ARISING BY CUSTOM OR TRADE USAGE OR BY A LAW OR STATUTE OF ANY STATE IN WHICH THE PRODUCT IS DISTRIBUTED OR OTHERWISE, WITH RESPECT TO THE PRODUCT(S), ALL OTHER SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT LIABILITY, QUALITY, NON-INFRINGEMENT, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. IF ANY PART OF THIS LIMITED WARRANTY IS HELD TO BE ILLEGAL, UNENFORCEABLE OR IN CONFLICT WITH APPLICABLE LAW BY ANY COURT OF COMPETENT JURISDICTION, THE VALIDITY OF THE REMAINING PORTIONS OF THE LIMITED LIABILITY SHALL NOT BE AFFECTED, AND ALL RIGHTS AND OBLIGATIONS SHALL BE CONSTRUED AND ENFORCED AS IF THIS LIMITED WARRANTY DID NOT CONTAIN THE PARTICULAR PART OR TERM HELD TO BE INVALID. SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY IN SOME CIRCUMSTANCES. THIS LIMITED WARRANTY GIVES THE USER SPECIFIC LEGAL RIGHTS. THE USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. LYSTN SHALL NOT BE LIABLE TO DISTRIBUTOR, DISTRIBUTOR’S AGENTS, RETAILER, RETAILER’S AGENT, CUSTOMER(S) OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PROXIMATE, AND PUNATIVE DAMAGES, EVEN IF LYSTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES OR THEY ARE FORESEEABLE.
An aggrieved Party shall immediately notify Lystn in writing of any claims under the forgoing Limited Warranty. Lystn’s sole liability and obligation to the distributor, distributor’s agent, retail store, retail store’s agent, customer(s) or other party and exclusive remedy for breach of the foregoing Limited Warranty shall be Lystn, LLC d.b.a./ANSWERS™ Pet Food sole and exclusive option:
(1) TO REPLACE THE PRODUCT(S) [If Lystn’s products arrived damaged, inadequate in any way, please contact ANSWERS™ right away and Lystn will be happy to send a free replacement];
(2) TO PROVIDE AN EQUITABLE REFUND IN THE AMOUNT ACTUALLY PAID FOR THE PRODUCT(S). Due to the nature of a business providing perishable food products, items that are past the Best Used by Date (BUBD) are not eligible for a refund. For any item to be eligible for a refund, a customer may have to return the item upon discussing the circumstances with Lystn/ANSWERS™ Pet Food within 10 calendar days of the purchase, depending on the complaint. The item may be opened, but unused and resealed for return in its original condition if instructed to do so. Contact our customer services department at 1-800-431-8480 or email firstname.lastname@example.org for further instruction and to get a free shipping label.
Other Terms and Conditions
No adjustment, settlement, or payment of any claim made to a third party shall be binding upon or obligate Lystn to compensate such third party, Distributor and/or Retailer for such adjustment, settlement, or payment unless prior final written authorization thereof was given by Lystn.
Distributor, retail store or customer shall not, directly or indirectly, export or re-export any products or assist in the exporting or re-exporting of any products.
Representations of All Parties.
Each Party represents that the execution, delivery and performance by it, and any and all transactions contemplated hereby, have been duly and validly authorized, and that it is an entity in good standing in its jurisdiction with the full power, ability, and authority to carry out the AESOP and its obligations hereunder.
Compliance with Laws
Customers, distributors and retail stores and all permitted subcontractors of distributors and retail stores shall comply with all applicable local, state and federal laws, rules, regulations and orders (collectively “laws”) in participating and/or carrying out the AESOP.
Indemnity and Release
By using Lystn’s Sites and/or System you are hereby agreeing to release Lystn and its subsidiaries, affiliates, officers, directors and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products and services, including those arising from your use of or inability to use the Sites and/or System or your violation of these Conditions of Use.
Limitation of Liability
In no event shall Lystn, LLC d.b.a./ANSWERS™ Pet Food (Lystn) be liable to the distributor, retail stores or customer (buyer) for any damages for breach of fiduciary duty by third-parties, unless Lystn’s act or failure to act involves intentional misconduct, fraud, or a knowing violation of the law.
Notwithstanding anything written herein to the contrary, the customer (buyer) and Lystn, LLC d.b.a./ANSWERS™ Pet Food acknowledge and agree that Lystn will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the customer (buyer) has been advised or otherwise might have anticipated the possibility of such loss or damage.
In exchange from benefitting from participating in AESOP, the distributor, retail store, and customer agrees to limit Lystn’s liability arising from its professional obligations, errors or omissions, cyber-attack, infection of or stealing of data, use of data, or other use of data (including personal data and fraud use of credit card data) such that the total liability of Lystn shall not exceed Lystn’s total monies received by the party participating in AESOP for the applicable event being claimed and for services rendered involved for participating in AESOP.
Any party’s failure to enforce any provisions of these Terms and Conditions of Use under the AESOP, Exhibits, Schedules, Purchase Order, Distributor Order Form or any other applicable documents, or any orders, or to exercise any option, shall not be construed as a waiver of such provisions, rights, or options, or affect the validity of these Terms and Conditions of Use, Exhibits, Schedules, Purchase Order, Distributor Order Form or any other applicable documents or any orders or options.
Unless otherwise specified herein, the Terms and Conditions of Use constitutes the entire agreement between you and Lystn with respect to using Lystn’s Sites and/or the System and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Lystn with respect to using Lystn’s Sites and/or the System. If any of the provisions of these Terms and Conditions of Use of Lystn’s Sites and carrying out the obligations of the AESOP shall be held invalid or unenforceable, then such validity or unenforceability shall not invalidate or render enforceable Terms and Conditions of Use and AESOP. These Terms and Conditions of Use shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.
Any Party who objects or does not agree with modifications to the Terms and Conditions of Use or other provisions of AESOP and other policies, should discontinue participating in AESOP and using Lystn’s Sites and System.
Any misuse or nonadherence to the Terms and Conditions of Use and policies, as well as the AESOP program is grounds for Lystn to disallow a party from participating in use of Lystn’s Sites and/or System including AESOP. Such determination is at the sole discretion of Lystn. Lystn shall have the right to disallow a party from participating in use of Lystn’s Sites and/or System including AESOP at any time without cause.
If you have questions or concerns regarding termination or discontinuance of using Lystn’s Sites, System and/or participating in AESOP, you may contact us at: 1-800-431-8480 or email us email@example.com
Effects of Disallowing Participation in AESOP.
Survival of Certain Obligations. Except where provided otherwise in the Terms and Conditions of Use of Lystn’s Sites and/or System including AESOP, any discontinuance of participating in use of Lystn’s Sites and/or System including AESOP shall not relieve any Party of any obligation or liability accrued prior to such discontinuance, or rescind or give rise to any right to rescind any payments due or made hereunder prior to the time such discontinuance becomes effective, and discontinuance shall not affect any rights of the Parties that have either accrued prior to such discontinuance or that survive in accordance with the Terms and Conditions of Use of Lystn’s Sites, and/or System including AESOP.
No Severance Payments. The discontinuance of participating in the AESOP shall, in no event, entitle any party to any termination or severance notice or compensation or to any payment in respect of any goodwill established by a party for the benefit of Lystn, or render Lystn liable for damages on account of any claims, including, but not limited to, the loss of prospective profits, and all parties using Lystn’s Sites and/or System including AESOP hereby waives any and all such rights, if any.
Lystn’s Sites and/or System including AESOP are controlled and operated by Lystn from its offices within the Commonwealth of Pennsylvania, United States of America. Although the Sites and/or System including AESOP is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. Lystn makes no representation that materials on the Sites and/or System including AESOP are appropriate or available for use in other locations. Those who choose to access the Sites and/or System including AESOP from other locations do so on their own initiative and are responsible for compliance with local laws.
Instructions, policies and control of Lystn’s Sites and/or System including AESOP originate out of Lystn’s offices located within the Commonwealth of Pennsylvania, United States of America. Some third-party business associates assist Lystn in the carrying out and making available Lystn’s Sites, and/or System including AESOP, and these third-party businesses may have offices in multiple locations both within and outside the United States. Although Lystn’s Sites, and/or System including AESOP can be accessed worldwide, not all products, services and/or information discussed or referenced herein are available to all persons or in all geographic locations. Lystn makes no representation that products, materials and information on the Sites, and/or System including AESOP are appropriate or available for use in other locations. Those who choose to access the Sites, and/or System including AESOP from other locations do so on their own initiative and are responsible for compliance with local laws.
Judicial Proceedings. Any suit, action, or proceeding whether claim or counterclaim, brought or instituted by the distributor, retail store, or Customer or any of their successors or assigns, on or with respect to the Terms and Conditions of Use of Lystn’s Sites, and/or System including AESOP or the dealings of the distributor, retail store, customer of Lystn with respect to the use of Lystn’s Sites, and/or System including AESOP, shall be tied only by a court and not a jury. THE DISTRIBUTOR, RETAIL STORE, CUSTOMER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR PROCEEDING. In connection therewith, distributor, retail store, and customer agrees that any suit, action or proceeding arising hereunder or with respect hereto will be instituted in the Court of Common Pleas of Berks County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, and irrevocably and unconditionally submits to the jurisdiction of each such Court for such purpose. Further, the distributor, retail store, and customer waives any right they may have to claim or recover, in any such suit, action or proceeding, any special, exemplary, punitive or consequential damages or any damages other than, or in addition to, actual damages. THE DISTRIBUTOR, RETAIL STORE, AND CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS PARAGRAPH IS A SPECIFIC AND MATERIAL ASPECT OF PARTCIPATING IN USING LYSTN’S SITES, AND/OR SYSTEM INCLUDING AESOP AND THAT LYSTN WOULD NOT ALLOW PARTICIPATION IN USING LYSTN’S SITES AND/OR SYSTEM INCLUDING AESOP IF THE WAIVERS SET FORTH IN THIS PARAGRAPH WERE NOT PART OF THE TERMS AND CONDITIONS OF USE FOR LYSTN’S SITES, AND/OR SYSTEM INCLUDING AESOP.
Governing Law. The Terms and Conditions of Use of Lystn’s Sites, and/or System including AESOP shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, United States of America without reference to any conflict of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions of use of Lystn’s Sites, and/or System including AESOP shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Dispute Resolutions Provisions. The parties expressly agree, stipulate, represent, and warrants as follows:
“ANSWERS™” and/or “ANSWERS™ Pet Food” and/or “ANSWERS™ Raw Pet Food” as used throughout this and other documents is the brand name forLystn, LLC manufacturer of ANSWERS™. These provisions are intended to describe and clarify the terms and conditions of use of Lystn’s Sites, and/or System including participation in ANSWERS™ AESOPProgram. ANSWERS™ reserves the right to modify, cancel, alter, add-to, supplement, or change in any way terms and conditions of use and/or eliminate ANSWERS™ AESOP Program and/or Additional or Alternative programs at any time without notice and for no reason. Lystn, LLC d.b.a./ANSWERS™ makes no guarantees or warranties whether expressed or implied regarding any programs offered and discussed nor is the Guidelines document, Application, flow diagram or any other informational documents addressing any programs offered and discussed intended to create a contractual relationship or legal binding commitments.
The AESOP is a new program that will likely continue to evolve and may be modified and no monetary commission(s) or other restitution for discontinuance or failure to meet any intentions or expectations is entitled to any participant. By participating in ANSWERS™ AESOP Program and/or Additional or Alternative Incentive for Carrying the Complete Line of ANSWERS™ Products, all parties recognize, understand and agree to this paragraph and other standard ANSWERS™ Terms and Conditions of Use and that such promotional offerings and programs by ANSWERS™ are only made available for a limited period of time and can be terminated or modified without notice.
If a party does notagree to the Guidelines and/or all these Terms and Conditions of Use,thensuchpartyshouldnotparticipateinorbeapartofANSWERS™AESOPProgram (including the customer [buyer] of products) and/orAdditionalorAlternativeprograms. Enrollment and participation in ANSWERS™ AESOP Program will only be allowed in states and regions where allowed by law. If any part or such a program is not allowed by law, either modifications to bring such part or program into compliance may be considered or program termination will occur. Retail stores participating in the ANSWER™S AESOP Program will be receiving credits (not cash) as reward for participating in theprogram.
Sections headings used in the Terms and Conditions of Use are inserted for convenience only and are not intended to affect the meaning or interpretation of the provisions of the Terms and Conditions of Use.
Any ambiguity or inconsistency between the Terms and Conditions of Use, as it may be amended, and Exhibits, Schedules, Purchase Order, Distributor Order Form and any other documents involved in participating in the use of Lystn’s Sites and/or AESOP, shall be resolved by giving priority and precedence first, to the Terms and Conditions of Use, second to Exhibits, Schedules, Purchase Order, Distributor Order Form and any other related documents. Any Order or Invoice issued shall be used for administrative purposes only.
Modification to Terms and Conditions of Use
No modification to the Terms and Conditions of Use, Exhibits, Schedules, or any other documents related to using Lystn’s Sites and/or AESOP shall be valid without the prior written approval of Lystn. The provisions of the Terms and Conditions of Use supersede all prior oral and written quotations, agreements, and understandings of the parties with respect to the subject matter of the Terms and Conditions of Use.
If you have any questions about our Terms and Conditions of Use, please contact us at:
Attn: Keith A. Hill
356 Maidencreek Road
Fleetwood, PA 19522
(484) 651-2366 or 1-800-432-8480