Service Terms and Conditions
Welcome to PetFriendly!
PetFriendly, Inc. (“PetFriendly” or the “Company”) provides delivery of custom wellness products for your pets (the “Products”). By using petfriendlybox.com (the “Website”), placing a one-time order for the Products (“One-Time Order”), or signing up for a subscription (“Subscriptions” and together with One-Time Order, the “Services”), you accept and agree to these Services terms and conditions (the “Terms”).
These Terms explain how our business works and include the following topics, among others:
Registration, One-Time Orders, and Subscriptions. This explains the information required to set up an account on the Website and how to place a One-Time Order or sign up for our Subscriptions.
Pricing. This describes the pricing of the Services.
Return Policy. This explains how all Products are generally non-returnable and non-refundable.
Subscription Cancellations. While using our Services, you maintain full control of your account and may cancel or pause your Subscriptions at any time. This section describes how to cancel your Subscriptions. It is important to note that your Subscriptions will continue until you cancel.
ALL SUBSCRIPTIONS ARE AUTOMATICALLY RECURRING AND WILL CONTINUE MONTHLY UNTIL YOU CANCEL, AS SET OUT BELOW. BY AGREEING TO THESE TERMS, YOU ARE AGREEING THAT WE MAY CHARGE YOUR STORED PAYMENT INFORMATION MONTHLY.
We hope you love your experience with PetFriendly as much as we love helping our customers. If you have any questions or feedback, please don’t hesitate to email us at email@example.com or call us at (402) 227-3320.
Article I. Services
Section 1.2 Product Ordering Methods. As a PetFriendly customer, you have two methods to choose from when ordering Products for your pets:
Section 1.2.1 One-Time Order. A One-Time Order refers to a single purchase of the Products that does not automatically recur. You can make a One-Time Order via petfriendlybox.com, selecting the desired Products, adding the Products to your cart, and completing the checkout process.
Section 1.2.2 Subscriptions. Subscriptions provide you with the option to purchase the Products on a recurring, monthly basis. You can register for Subscriptions by ordering via petfriendlybox.com.
Termination of Subscriptions. You may cancel your ongoing Subscriptions through your Account page, on the Website, and following the instructions therein. We may terminate your subscription, without notice, for conduct we believe violates these Terms or our policies, is harmful to our business or customer’s interests, or for an inactive account.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME AND AT A PRICE SET PER THE PRICING POLICY; PROVIDED, HOWEVER, THAT WE MAY TERMINATE YOUR SUBSCRIPTION AT THE END OF ANY SUCH INITIAL OR RENEWAL SUBSCRIPTION PERIOD IN OUR SOLE DISCRETION.
WE MAY, IN OUR SOLE DISCRETION, TERMINATE YOUR SUBSCRIPTION AT ANY TIME WITHOUT NOTICE. IF WE DO SO, YOU WILL ONLY BE CHARGED FOR ORDERS THAT HAVE BEEN SHIPPED TO YOU.
Article II. Products
Section 2.1 Order Acceptance. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to you. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products on the Website are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Website. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Section 2.2 Shipping. The Company may use third-party delivery companies to deliver the Products to you. The risk of loss and title for Products passes to you upon our delivery to the carrier. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are estimates. If something is missing or damaged from your package or you received the wrong product, please contact us at firstname.lastname@example.org and we may, in our sole discretion, issue a credit to your Account or provide a replacement product. For loss/damage/incorrect Product claims, you must notify us within thirty (30) days of the date of your purchase.
Section 2.3 Return Policy. All sales are final. Except as expressly provided herein, all Products delivered to you are non-returnable and non-refundable.
Section 2.4 Personal Use. Products are for your personal use only. You agree not to sell or resell any Products you purchase or otherwise receive from us in connection with your Account. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
Article III. Pricing
Section 3.1 Pricing Policy. The price that we will charge you for the Services varies based on the product ordering method selected by you:
Section 3.1.1 One-Time Order Pricing. One-Time Orders will be the price as posted on the Website on the date when you purchase the Products. The Company does not provide price protection or refunds in the event of any promotion or price decrease. You may be charged local sales tax if applicable.
Section 3.1.2 Subscriptions Pricing. Subscriptions will be the price as posted on the Website on the date you first sign-up for the Subscription on the Website. That price will continue as long as your Subscription remains active and in good standing. In the event your Subscription is suspended, canceled or otherwise becomes not in good standing and is later restored to active and good standing status, then the price that we will charge you will be updated to the then-current price as posted on the Website on the date that your account is reactivated. Prices may vary depending on whether we offer and you sign up for multi-pet pricing. Multi-pet pricing is dependent on your number of active Subscriptions. In the event that your number of active Subscriptions changes, then your multi-pet pricing will be adjusted to the then-current multi-pet price as posted on the Website on the date that your number of active Subscriptions changes. Company does not provide price protection or refunds in the event of any promotion or price decrease. You may be charged local sales tax if applicable.
Section 3.2 Payment Authorization. By providing your credit or debit card information (or other payment method allowed by Company from time to time) when you sign up, and as updated from time to time by accessing your Account (your “Payment Method”), you authorize Company and/or our third-party payment processor to charge your Payment Method per the Pricing Policy for your Products ordered as a One-Time Order or as part of your Subscriptions during the subscription period. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your delivery of the Products. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Website.
Article IV. Warranties and Liability
Section 4.1 Return Policy. All sales of Products on the Website are final, and monthly Subscriptions can be canceled at any time before your payment method has been charged for the renewal month as set out above.
Section 4.2 No Warranty. THE WEBSITE AND THE PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PETFRIENDLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PETFRIENDLY DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
Section 4.3 No Responsibility for Third Party Materials. PETFRIENDLY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE WEBSITE, AND PETFRIENDLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PETFRIENDLY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Section 4.4 Limitation of Liability. IN NO EVENT WILL PETFRIENDLY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “PETFRIENDLY” FOR PURPOSES OF THIS SECTION 4) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, SERVICES OR PRODUCTS, EVEN IF PETFRIENDLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. PETFRIENDLY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, ONE HUNDRED DOLLARS ($100).
Section 4.5 Indemnification. You agree to defend, indemnify and hold harmless PetFriendly, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Products purchased by you on the Website; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access your Account in the future); or (d) arising from, related to, or connected with your use or misuse of the Website or Products. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
Article V. Intellectual Property
Section 5.1 Trademarks. The Company name, the term “PetFriendly”, the term “PetFriendly Direct”, the Company logo, domain name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Section 5.2 Products. We do not own, make, or otherwise create the Products for sale on the Website. We are a distributor. All rights, title, and interest in the Products remain with our vendors, as well as all responsibility for their quality or any product issues. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY OR FITNESS OF ANY PRODUCT ON THIS WEBSITE.
Article VI. Miscellaneous
Section 6.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Section 6.2 Applicable Law. These Services Terms and Conditions and the sale of any Products pursuant to it shall be construed in accordance with the laws of the State of Nebraska, United States of America, and all disputes arising out of the same (to the extent such disputes are not arbitrable in accordance with the following section) shall be heard exclusively in the state, federal, and local courts seated in Douglas County, Nebraska.
Section 6.3 Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Section 6.4 These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and PetFriendly and govern your use of the Website, Services and Products provided by PetFriendly, and supersede any prior agreements between you and PetFriendly on the subject matter. You also may be subject to additional terms that may apply when you enter into a contract of sale with us, or use certain PetFriendly services or third-party content, links or websites.
Section 6.5 These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by PetFriendly without restriction.
Section 6.6 These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
Section 6.7 These Terms may not be modified by an oral statement by a representative of PetFriendly. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms.
Section 6.8 No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms.
Section 6.9 You agree to comply with all applicable laws in your use of the Website and Products.
Section 6.10 You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Section 6.11 “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise.
Section 6.12 If you are using the Website or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
Section 6.13 The Website is controlled and offered by PetFriendly, Inc. from the United States of America for use by customers in the United States and Canada. PetFriendly makes no representations that the Website is appropriate for use in other locations. Those who access or use the Website from other locations do so at their own risk and are responsible for compliance with local law.
Section 6.14 When you use the Website, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To provide notice to us, or if you have any questions about the Subscription or the Products, please contact us at:
1229 Millwork Ave. #306
Omaha, NE 68102