Welcome to Pawsome Pals™. These Terms of Service ("Terms") outline your access and usage of our services. When we mention "Pawsome Pals," "we," "our," or "us," we're referring to Pawsome Pals™ and its affiliates. "You" and “user” refers to you as the visitor of our site. This designation applies to any interaction you have with Pawsome Pals™, distinguishing you from our organization and its affiliates.
By using features such as "Sign In," "Create Account," and "Place Order," or by accessing or using our website at www.pawsomepals.pet, along with our blogs, affiliated websites, or mobile applications (together referred to as the "Site"), you agree to abide by our terms and conditions of use (referred to as "Terms of Use" or "Terms"). Some products, programs, and services offered on our Site may be governed by additional terms and conditions. For instance, subscribing to our subscription program will mean you also agree to the terms and conditions specific to that program.
By using this website, you confirm that you possess the necessary rights, authority, and capability to agree to these terms and to comply with all its stipulations. If you are under the age of 13, you are not permitted to use this website or agree to these terms of use.
Privacy Policy
Please examine our Privacy Policy, which forms an integral part of these Terms and also influences your usage of our Site, to comprehend our procedures.
Electronic Communications
When you use our website or communicate with us via emails, text messages, chats, video calls, or other electronic methods from your computer or mobile device, you are engaging with us digitally. By doing so, you consent to receive our electronic communications, including emails, texts, mobile push notifications, or updates and messages posted on this Site. You are encouraged to save copies of these communications for your records. You recognize that all agreements, notifications, disclosures, and other types of communication that we deliver to you electronically satisfy legal requirements stipulating that such communications be documented in writing. Where applicable law requires, we will obtain your express prior written consent before sending marketing texts or making marketing calls to you.
Accounts
In order to utilize certain features of the website and make purchases or use other services, you may register for an account with Pawsome Pals™ ("Pawsome Pals™ account") or you may opt for guest checkout. You affirm and guarantee that (a) the information you provide is correct and honest; (b) you pledge to maintain the accuracy of this information and will make appropriate updates as needed; and (c) your use of this website constitutes acceptance of all relevant laws, regulations, and the terms outlined in these Terms.
You confirm and guarantee that you are authorized to utilize any payment method, including credit cards, that you submit to us through your Pawsome Pals™ account, guest checkout, or any other method. You commit to refrain from purchasing any products or services or from registering a Pawsome Pals™ account using an assumed identity or false information.
It is your responsibility to safeguard the confidentiality of your Pawsome Pals™ account login credentials. You bear complete responsibility for all actions linked to your Pawsome Pals™ account, including but not limited to making purchases, submitting reviews, or other forms of website utilization. You must maintain the secrecy of your username and password, ensuring that it is not disclosed to any third parties. Should there be any unauthorized or suspected unauthorized access to your Pawsome Pals™ account or any other breach of security, you are obliged to inform Pawsome Pals™ promptly.
Promotions
Pawsome Pals™ occasionally provides various promotional offers, such as discounts, special pricing, free or discounted shipping, and other incentives. A promotional code may be necessary to benefit from these promotions. These codes are subject to limitations, including potential expiration or discontinuation without notice. Promotional codes cannot be legally copied, sold, or transferred and are not redeemable for cash. They may be canceled or changed anytime without notice, and we reserve the right to impose conditions on their use. Pawsome Pals™ retains the exclusive right to decide your eligibility for any promotion and to restrict access to promotions at our discretion.
Promotions for new Pawsome Pals™ accounts are generally exclusive to first-time users. Existing or previous account holders attempting to access new user promotions, contrary to our Terms of Use, may be charged the standard rate. Pawsome Pals™ maintains the right to judge eligibility for such promotions and apply charges accordingly.
Pricing
When using the Subscription option, the item's price is determined at the time the order is processed. Despite our best efforts, there may be occasional discrepancies in the pricing of products in our catalog. In instances where the actual cost of a product surpasses the price shown, we maintain the authority to either honor the displayed price, request additional directions from you before dispatching the product, or terminate the order and inform you of the cancellation. By completing your purchase during the checkout process, you agree to accept and pay for the products, including all shipping and handling fees and applicable taxes. We will collect and remit sales tax as required by law.
Order Acceptance
Pawsome Pals™ retains the right to limit order quantities for any item and/or to deny service to any customer without prior notice. Verification of details may be necessary before accepting any order. Additionally, prices and availability of products are subject to change without prior notification.
Pawsome Pals™ reserves the right to revoke any advertised offer or promotion and to update or correct any mistakes, inaccuracies, or omissions, even after an order has been submitted. Certain behaviors may be considered inappropriate use of the Site, and Pawsome Pals™ may, at its discretion, decline or cancel any order for any reason. Additionally, your Pawsome Pals™ account may be suspended or closed at any time, solely at our discretion .
Risk Of Loss And Shipping And Delivery
All products ordered from Pawsome Pals™ are governed by a shipment agreement with a designated freight carrier. This means that the risk of loss and title for such items pass to you upon delivery of the products to the carrier. Products will be shipped to the location you have designated, 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 carrier. The carrier will endeavor to deliver the products directly to your doorstep; however, if access to your front door is challenging, the carrier may choose to leave the products at an alternative location on your property, based on their discretion.
Subscription Renewals
Your monthly charges for the Pawsome Pals™ subscription will recur automatically.If you are enrolled in a subscription plan that extends beyond one month (e.g., 6 or 12-month plans), your account will be automatically billed each month during the term of that plan.
To terminate, you must either log in and cancel the subscription on the platform designated for such service by the first day of the month following the conclusion of your current subscription term, or reach out to our team via the contact details provided on our website.Your membership will continue until you decide to cancel it. If you do not cancel before the first day of the month following the conclusion of a subscription period, your subscription will automatically renew for an identical term.
Cancellation requests made after the first day of a new month following a subscription will take effect in the next subscription period. We retain the authority to refuse any subscription renewal at our sole discretion. Any cancellation requests received after the first day of a new month post-subscription will be effective for the subsequent subscription term. We reserve the right to deny any subscription renewal at our absolute discretion.
Intellectual Property Rights
Unless explicitly stated, all materials on the platforms are owned by Pawsome Pals™ and/or its associated entities or licensors. These materials are protected from unauthorized reproduction and distribution under U.S. copyright laws, trademark laws, international treaties, and additional intellectual property regulations. The names of the products mentioned are the trademarks or registered trademarks of their respective owners.
Unless specifically indicated, all content, including text, images, audio, video, data, links, and software, along with any other material not directly provided by you, is the property of Pawsome Pals™ or its licensors, which may include other users of our Services. This content is protected under copyright, trademark, patent, trade secret laws, and other proprietary rights belonging to Pawsome Pals™ and its licensors. Ownership rights over the content, services, and platforms remain exclusively with Pawsome Pals™.
User Content
"User Content" on the website refers to all information and content that a user submits to Pawsome Pals™, which can include photos shared through various means such as social media platforms like Facebook, YouTube, Instagram, Pinterest, and Twitter, interactions on the website (such as user profiles, product reviews, and Q&A), or direct communications with Pawsome Pals™ (like customer service enquiries, chat participation, or email exchanges). You bear sole responsibility for your User Content. You accept all risks associated with its use, including others relying on its accuracy, completeness, or usefulness, or any exposure that may reveal personal details about you or others. You affirm, declare, and guarantee that (a) you possess or have obtained the necessary licenses, rights, and consents to use your User Content on the website as outlined, and (b) your User Content does not infringe on the Acceptable Use policy outlined in these terms. You must not claim or imply that your User Content is sponsored or endorsed by Pawsome Pals™ . As you are solely accountable for your User Content (not Pawsome Pals™), you could be liable if, for instance, your User Content breaches our Terms of Service. Pawsome Pals™ is not required to back up any User Content, does not claim it will do so, and reserves the right to remove User Content at any time.
By providing your User Content or utilizing it on the Site, you automatically confer, and you affirm and guarantee that you possess the authority to confer, to Pawsome Pals™ a perpetual, non-exclusive, royalty-free, fully paid global license to reproduce, distribute, display publicly, perform, create derivative works from, integrate into other works, and otherwise utilize your User Content. Additionally, you grant the right to sublicense the aforementioned uses, exclusively for the purposes of incorporating your User Content into the Site and our social media platforms, marketing or promotional efforts, or any other business-related activities. You also consent to irrevocably relinquish (and ensure the relinquishment of) any claims and assertions related to publicity or moral rights, or attribution concerning your User Content.
Pawsome Pals™ considers all feedback, communications, or suggestions you provide to be non-confidential and non-proprietary, except as otherwise provided under applicable law and our Privacy Policy. Therefore, unless there is a written agreement specifying otherwise, you acknowledge that any information or ideas you submit to Pawsome Pals™ should not be regarded as confidential or proprietary.
As we do not oversee User Content, you recognize and accept that we are not liable for any User Content. We do not guarantee the accuracy, timeliness, appropriateness, or quality of any User Content, and we disclaim any responsibility for User Content or your dealings with other users of the Site. You agree that Pawsome Pals™ will not be held accountable for any losses or damages arising from such interactions. Should a dispute arise between you and another user of the Site, we have no obligation to intervene.
Acceptable Use Policy
While utilizing the Site and engaging with Pawsome Pals™, its employees, and fellow users, you must avoid gathering, uploading, transmitting, exhibiting, disseminating, or communicating through email, telephone, or electronic means any User Content that: (a) violates the rights of any third party, including copyrights, trademarks, patents, trade secrets, moral rights, privacy, publicity rights, or any other intellectual or proprietary rights; (b) is unlawful, harassing, defamatory, threatening, injurious, abusive, an invasion of privacy, vulgar, deceitful, deliberately misleading, slanderous, pornographic, obscene, explicitly offensive (for instance, content that encourages racism, bigotry, hatred, or physical harm against any group or individual), or generally considered objectionable or harmful to minors; or (c) contravenes any law, regulation, or third-party obligations or restrictions.
Moreover, you agree to refrain from engaging in the following activities on the Site: (a) uploading, transmitting, or distributing malware or any software that is designed to interfere with or alter a computer system or data; (b) disseminating unsolicited or unauthorized advertisements, promotional content, spam, chain letters, pyramid schemes, or any similar forms of redundant or unwelcome messages, whether they are commercial in nature or otherwise; (c) extracting, collecting, or accumulating information or data about other users, including email addresses, without their prior consent; (d) disrupting or causing interference with servers or network connections linked to the Site or contravening the norms, policies, or procedures associated with such networks; (e) attempting to gain unauthorized entry to the Site, or to other computer systems or networks that are linked to or used in conjunction with the Site, by way of password mining or other methods; (f) impeding or disrupting another user’s enjoyment or use of the Site; (g) acquiring Products with the intent to resell them.
We hold the authority (though not the obligation under these Terms of Service) to exercise our sole discretion in reviewing any User Content, investigating, and taking suitable actions against you should you breach conditions of these Terms. This may include altering or removing your User Content, terminating your account, and/or notifying law enforcement authorities.
Additionally, we may alter or remove your User Content if we determine, at our sole discretion, that it infringes on the rights, causes harm, or poses a threat to the safety of any person, or if it potentially creates liability for us or others. To comply with legitimate governmental demands, subpoenas, or court orders, or to protect our business and members, we reserve the right to access and disclose any information we deem necessary or appropriate. This includes your account details such as username and password, your IP address, traffic data, usage history, and any User Content.
Third-Party Sites And Other Users
The Site may include links to or advertisements for external websites and products, collectively referred to as "Third-Party Sites" (e.g., social media platforms like Facebook, YouTube, Twitter, or Pinterest). These Third Party Sites are beyond the control of Pawsome Pals™, and Pawsome Pals™ does not assume responsibility for them.
The provision of links to these Third Party Sites by Pawsome Pals™ is merely for convenience and does not imply a review, endorsement, or any form of assurance regarding the content or services of these sites. By accessing these Third Party Sites, you acknowledge that you do so at your own risk. Any interactions or engagements with such sites are governed by the terms and policies of the respective service providers, including their practices on privacy and data collection. Conducting any necessary investigations before engaging in transactions with any Third Party Site is advisable.
By agreeing to these Terms, you absolve our company, along with our directors, officers, employees, affiliates, agents, subsidiaries, parent companies, joint ventures, successors, and any other entities that we control, from all responsibilities, claims, demands, losses, damages, rights, and actions of any nature, including but not limited to those related to personal injuries, death, and property damage, that may result either directly or indirectly from your interactions with other users of the Site or any third-party sites.
Disclaimer Of Warranty
You are solely responsible for determining the suitability of our products for your pet. Pawsome Pals™ cannot guarantee the products' compatibility with your pet's allergies or health conditions. We shall not be held responsible for any loss or damage resulting from your reliance on any content from this website or your use of our products. Should you encounter any issue with a product, your remedy is limited to a product replacement or a credit for future purchases, at our discretion.
Except as specifically provided, all products and content on this website are supplied "AS IS" and may include materials provided by third parties, which Pawsome Pals™ does not verify. You acknowledge that using our services and products is at your sole risk. Pawsome Pals™ and its associates disclaim all warranties, express or implied, to the extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Pawsome Pals™ does not warrant that the services and content will be uninterrupted, error-free, or devoid of harmful components, nor do we guarantee the accuracy, reliability, or completeness of any information provided.
Limitation of Liability
Under no circumstances will Pawsome Pals™ or its representatives be liable for any indirect, special, incidental, consequential, or punitive damages arising from your use of our website or products, regardless of the nature of the claim (whether contractual, tort, statutory, or otherwise). This includes, but is not limited to, loss of profits, data, or other intangible losses, even if advised of the possibility of such damages.
The total liability of Pawsome Pals™ for any claims under these terms, whether in contract, tort, or otherwise, will not exceed the amount you paid to us in the preceding month. Some jurisdictions do not allow the exclusion of certain warranties or limitations on how long an implied warranty may last, so the above limitations or exclusions may not apply to you.
Indemnity
You agree to defend, indemnify, and hold harmless Pawsome Pals™ from any claims or demands, including associated legal fees and costs, brought forth by any third party resulting from (a) your use of the Site or Products, (b) the content you contribute, (c) your breach of these Terms, or (d) your dealings with independent contractors or your reliance on their advice. Pawsome Pals™ retains the right, at your expense, to take over the exclusive defense and management of any issue for which you must indemnify us, and you agree to assist in our defense of such claims. You consent not to resolve any issue without Pawsome Pals™' prior written approval. Pawsome Pals™ will make reasonable efforts to inform you of any such claim, action, or proceeding as soon as it becomes aware of it.
Dispute Resolution And Jurisdiction
Any legal claims or disputes arising from or related to the Terms of Service of Pawsome Pals™ shall be exclusively subject to the jurisdiction of the state and federal courts located in Delaware, USA. This includes any disputes concerning the interpretation, breach, termination, or validity of our Terms of Service.
You and Pawsome Pals™ hereby expressly consent to the exclusive jurisdiction of these courts and waive any objections to the venue. This agreement ensures that both parties agree to submit to the personal jurisdiction of these courts for the purpose of resolving any legal matters or disputes associated directly or indirectly with these Terms of Service.
Term And Termination
Subject to the provisions of this section, these Terms of Use will continue to be in effect as long as you utilize the Site. We reserve the right to (a) suspend your rights to use the Site and your Pawsome Pals™ account or (b) close your Pawsome Pals™ account at any point for any reason at our discretion, including but not limited to violations of the Terms or if we suspect you are under the age of 18. Should these Terms be terminated, your Pawsome Pals™ account and access to the Site will cease immediately. You acknowledge that termination of your Pawsome Pals™ account might result in the removal of any User Content you have submitted. Pawsome Pals™ will not be liable for any consequences arising from the termination of these Terms, including the closure of your Pawsome Pals™ account or the removal of your User Content.
The terms outlined regarding our Intellectual Property rights, User Content, acceptable usage, disclaimers of warranty, indemnification, limitations of liability, and dispute resolution procedures, including individual arbitration, along with any other rights and obligations that inherently should persist, will continue to apply upon termination. This includes the conclusion of any aspect of the relationship between you and Pawsome Pals™, whether it involves ceasing to make purchases from Pawsome Pals™, or discontinuing, opting out, or ending participation in any services, programs, or promotions offered by Pawsome Pals™ .
Respect For Copyright Law—Digital Millennium Copyright Act (“DMCA”)
Pawsome Pals™ respects the intellectual property of others and expects the same of our Site users. Unless explicitly permitted, access or use of any of Pawsome Pals™ ' intellectual property without prior written consent from us or the third party owning the intellectual property related to products displayed on our Site is prohibited. We have implemented a copyright policy in line with the law, facilitating the removal of infringing materials and termination of service for users who repeatedly infringe intellectual property rights, including copyrights.
If you believe your work has been copied in a manner that constitutes copyright infringement and wish to request removal of the allegedly infringing material, please provide the following in a written notification (as outlined by 17 U.S.C. § 512(c):
- Your physical or electronic signature;
- Identification of the copyrighted material you allege has been violated;
- Identification of the infringing material on our Site that you wish to be removed;
- Sufficient information to allow us to locate the material;
- Your address, telephone number, and email address;
- A declaration affirming your belief, in good faith, that the use in question has not been authorized by the copyright owner, its representative, or under the law;
- Declaration that the details provided in the notification are correct, and under penalty of perjury, that you are the copyright owner or are authorized to represent the copyright owner.
General
Pawsome Pals™ retains the authority to modify aspects of our website at any time, which includes, but is not limited to, changes to the Terms of Service, Privacy Policy, Subscription Terms and Conditions, and any other applicable terms and conditions concerning our website and/or products, programs, and services. Each time you access our website, it is advisable to review the current terms and policies that govern your transactions and usage of our site. If any part of these Terms be declared invalid, void, or unenforceable for any reason, such provision will be considered separable and will not in any manner impact the validity and enforceability of the remaining terms.
Our inability to implement or apply any right or provision of these Terms of Use does not imply a waiver of such right or provision. The headings used in these Terms are solely for organizational purposes and hold no legal or contractual significance. The expression "including" should be interpreted as "including, but not limited to." If any clause of these Terms is found to be invalid or unenforceable for any reason, the other clauses will remain unaffected, and the invalid or unenforceable clause will be modified to the extent necessary to make it valid and enforceable under the law. You are not permitted to assign, subcontract, delegate, or transfer your rights or obligations under these Terms of Use without prior written approval from Pawsome Pals™, and any attempt to do so without such consent will be considered null and void. These Terms are binding on any assignees.
Contact Information
In case of any queries or concerns related to these Terms, including your legal relationship with Pawsome Pals™, please contact us at 2810 North Church Street, Wilmington, DE 19802,USA.