FRESH 4 PAWS, LLC
Terms and Conditions
(Last Updated: 11/18/2018)
Fresh 4 Paws, LLC (“F4P”) operates this Website. From time to time we may change or replace our Website (collectively “Website”). WHEN YOU PURCHASE F4P PRODUCTS, YOU ARE EXPRESSLY CONSENTING TO AND ACCEPTING THE TERMS AND CONDITIONS SET FORTH ON THE WEBSITE AT THE TIME OF PURCHASE. As such, it is important that you read and understand these Terms and Conditions before you purchase. If you continue with the purchase, you will be deemed to have accepted all of them.
IF YOU DO NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE F4P OFFERINGS IN ANY MANNER OR FORM.
IMPORTANT: BY USING THE F4P OFFERINGS, YOU AGREE TO RESOLVE ALL DISPUTES WITH F4P THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. THE EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTION 14.
F4P does its best to create recipes for your pets that are suited for certain ailments that require special diets. However, F4P is not providing veterinary services through this Website where the sale of its products, and you are solely responsible for understanding your particular pet’s dietary needs and any food restrictions your pet may have per your own veterinarian. F4P isn’t claiming to cure, heal, or improve any disease process via this food.
If you have any questions about the Agreement or F4P’s products, please access our Frequently Asked Questions or email our Customer Service team at firstname.lastname@example.org.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website and in the App, and you should review the Agreement prior to using the F4P Offerings and from time to time thereafter. By your continued use of any of the F4P Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement, as in effect at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions in effect at the time of the subject dispute or incurred charges, as applicable). All amendments or modifications to the Agreement shall be effective immediately upon publication on the Website and App.
3. F4P Service
(a) F4P Subscription Service. The F4P Subscription Service is an automatic recurring weekly or monthly subscription service. As part of the F4P Subscription Service, we offer a number of subscription options that you choose from (each, a “Plan”). Each week or month (excluding those you choose to skip in accordance with the Agreement) you will receive a package from F4P including the contents of your chosen Plan (each a “Delivery”). You can find specific details regarding your Plan and the F4P Service (“Account”) by accessing the Website and accessing your Account details.
For information on how to change, modify or cancel your Plan or to skip a week, please see Section 3(d).
WHEN YOU REGISTER FOR THE F4P SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR PLAN) YOU EXPRESSLY AUTHORIZE AND AGREE THAT F4P AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD (AS DEFINED BELOW) ON A WEEKLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR PLAN, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (the “PLAN RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE F4P SUBSCRIPTION SERVICE, EXCEPT ON WEEKS YOU CHOOSE TO SKIP PRIOR TO THE CUTOFF TIME (AS DEFINED BELOW) OR UNLESS YOU CANCEL YOUR F4P SUBSCRIPTION SERVICE IN ACCORDANCE WITH THE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT F4P WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL F4P OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE F4P SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT F4P IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.
(b) Payment and Billing Information. By providing your credit or debit card information (or other payment method accepted by F4P from time to time) when you sign up, and as updated from time to time on your Account page (your “Payment Method”), you authorize F4P and/or our third-party payment processor to charge your Payment Method as provided in the Agreement. F4P is unable to accept checking account transactions, paper checks, food stamps or third-party coupons at this time. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Delivery for the affected weeks. 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 or App, as applicable. In the event any such update or change is made after the Cut Off Time (as defined below) for your next scheduled Delivery, such update or change may not take effect immediately. Your right to use the F4P Service is subject to limits established by F4P and/or by the issuer of your Payment Method.
(c) Credit or Debit Card Temporary Authorizations. F4P reserves the right to execute an authorization or temporary charge on your Payment Method to up to One Dollar ($1.00) to verify that your Payment Method is valid and that the information you provide to F4P is correct (the “Temporary Authorization”). The Temporary Authorization will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your Payment Method provider’s rules). If you experienced trouble enrolling with F4P, you may see multiple Temporary Authorizations. These Temporary Authorizations will expire in accordance with your Payment Method provider’s rules.
(d) Changes, Cancellations & Other Modifications to the Plan. You may skip a week (or multiple weeks to the extent allowed) at anytime in accordance with the Agreement by visiting your Account page and following the instructions located therein, or by contacting us at email@example.com (email). You may cancel your Plan at anytime by visiting your Account page and following the instructions located therein, or by contacting us at firstname.lastname@example.org (email). Changes to, or cancellations of, your Plan, or requests to skip any weekly Delivery of your F4P Subscription Service, must be received by F4P by 12:00 p.m. in your applicable time zone, as determined by your delivery zip code, in each case at least six (6) days before your next scheduled delivery date, in order to take effect prior to the next scheduled Delivery (the “Cut Off Time”).If you do not submit such cancellation, skip or change request before the Cut Off Time, your weekly Delivery will be shipped and you will be charged your Plan Rate as provided in the Agreement, and if you requested to change or cancel your Plan, such change will not take effect until the week following your next weekly Delivery.
(e) Refunds and Credits. If you are dissatisfied with a Delivery and/or something is missing from your package, please contact us at email@example.com (email) and we may, in our sole discretion, issue a credit to your Account. All requests for a refund must be made within ninety (90) days from the date that your Account was charged for the underlying Delivery.
(f) Trials. We may offer, from time to time, free or discounted trials for the F4P Subscription Service (“Trial Offers”). Any such Trial Offer lasts for the first week of your Plan only, unless expressly otherwise specified during sign-up and/or in the terms applicable to such Trial Offer. Trial Offers may not be combined with any other offers or promotions. Trial Offers are for first-time users of the F4P Subscription Service only, unless expressly provided otherwise in the terms applicable to such Trial Offers. F4P reserves the right, in its absolute discretion, to determine your eligibility for any Trial Offer and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, Delivery and/or Account cancellation and cancellation of any outstanding referral or other unpaid credits.
We will begin automatically billing your Payment Method the Plan Rate for your Plan on a recurring, weekly basis as provided in the Agreement at the end of the Trial Offer, or as otherwise specified at the beginning of your enrollment in the Trial Offer, unless you cancel your Plan prior to the end of the Trial Offer period with proper advance notice to F4P in accordance with this Agreement. F4P will send an email communication after you initially enroll in the F4P Subscription Service providing information on how to cancel your F4P Subscription Service. You may cancel your F4P Subscription Service prior to the start of automatic, recurring weekly charges to your Payment Method only by following the instructions contained in the email or the Agreement. Such confirmation email will be sent in a timely manner so as to afford you sufficient time to cancel your F4P Subscription Service prior to the start of automatic, recurring weekly charges to the Payment Method provided by you at the time of sign-up. We reserve the right to authorize your Payment Method through various commercially reasonable methods.
(g) Promotions. From time to time, F4P offers Promotions by and through the Website, App, F4P food truck(s) or other facilities or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Promotion Rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. You understand and agree that F4P shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
(h) Price and Availability. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes associated with your Plan Rate. Your acceptance of Deliveries of the F4P Service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your F4P Subscription Service in accordance with this Agreement. All prices shown on the Website and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website and/or in the App. Prices, taxes or other fees may vary geographically.
We strive to provide you with high-quality products. Given the perishable nature of our products, from time-to-time certain products may be unavailable due to market conditions beyond our reasonable control or to quality that is below our standards. In the event that one of our ingredients or products is unavailable for any reason, and we have a replacement item that is comparable to such ingredient or product, we may make a substitution in our discretion. All of our products are subject to availability, and we reserve the right to limit the contents of your Delivery or the quantity of a particular product that you may order.
(i) Delivery of Products. F4P uses appropriate refrigerated shipping solutions and may use third-party delivery companies to deliver the F4P Service to its customers. Food products will remain fresh in your unopened package at room temperature (i.e., 78 degrees Fahrenheit) through midnight of the delivery date. You are responsible for inspecting your Delivery for any damage and to confirm the contents arrive in a cool, refrigerated condition. It is recommended that you use a thermometer to ensure that the internal temperature of any meat, poultry or fish products is and remains at or below 41 degrees Fahrenheit, pursuant to the guidelines of the U.S. Department of Agriculture (“USDA”). To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon receipt of delivery. In the unlikely event a meat, poultry or fish product arrives at a temperature above 41 degrees Fahrenheit, you should contact us at firstname.lastname@example.org (email) and discard the item.
The risk of loss and/or damage to the Delivery is passed entirely to you at the time of delivery. You are solely responsible for the proper and safe preparation and storage of the Delivery contents following delivery. F4P recommends that all instructions specified be followed.
The F4P Offerings may not be available in all geographical areas. To receive a Delivery, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive shipments to a business address. Shipments may not be scheduled to business addresses for Saturday deliveries. Additionally, after your second Delivery with F4P, you may designate an alternate receiver located within or near your building or home to accept your Delivery. This alternate receiver may accept your Delivery when you are not present at the time of delivery and shall accept the Delivery under all of the same terms and conditions that would apply had you accepted the Delivery yourself. Anyone at the delivery address who receives the Delivery is conclusively presumed to be authorized to receive the Delivery. If you, your doorman or your alternate receiver are not present at the delivery, we will use commercially reasonable efforts to contact you using the contact information in your Account. In certain geographical areas, and in F4P’s sole discretion, F4P may offer unattended delivery.
If something is missing from your Delivery, please contact us at email@example.com (email).
In the case of inclement weather or unforeseen delivery complications beyond our reasonable control, it may be necessary to make adjustments to our delivery schedule, which may require us to suspend, reschedule or cancel chosen delivery dates and times in our discretion. We will use commercially reasonable efforts to communicate any such delivery complications or adjustments. In the event that we are unable to make a scheduled delivery for any reason, we may, in our sole discretion, issue you a credit or refund of the purchase price for that Delivery.
(j) Dietary Preferences and Restrictions. F4P does not guarantee the accuracy of any nutritional information provided by F4P. F4P will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare or your pet consumes are in accordance with your pet’s respective dietary needs, restrictions or preferences. You should always check the ingredients associated with any products that you receive from F4P to avoid potential allergic reactions for your pet. If you have or suspect that your pet has an allergic reaction or other adverse health event, promptly contact your veterinarian and/or take your pet to an emergency pet hospital immediately.
You shall be responsible, at all times, for ensuring that you have an applicable mobile device and/or other equipment and service necessary to access the App. F4P does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device. F4P does not guarantee that the App can be accessed: (a) on all mobile devices; (b) through all wireless service plans; and/or (c) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App. You are fully responsible for all such charges and F4P has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
(a) Installation/ Download Venues. F4P believes in providing end-users with clear, concise and complete disclosure before end-users download and install the App, including a description of the primary functions of the App. The App requires User’s consent prior to installation. F4P does not believe that end-users should be deceived into downloading or installing the App. End-users may be able to download the App by and through the iTunes Store®, Google Play® store (but only where an Android version is made available, in F4P’s sole discretion) and other applicable venues (collectively, the “Download Venues”).
Google Play® is a registered trademark of Google. iTunes® is a registered trademark of Apple, Inc. (“Apple”). Please be advised that F4P is not in any way affiliated with Apple or Google, and the F4P Offerings are not endorsed, administered or sponsored by Apple or Google.
(b) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “uninstall” app function contained within your mobile device. Please be advised that in some instances, you may be required to restart your mobile device before all remnants of the App are completely uninstalled and removed from your mobile device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail us at: firstname.lastname@example.org (email).
(c) Export/Usage Restrictions. You agree that the App may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and regulations. The F4P Offerings are subject to, and you agree that you shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the F4P Offerings. You agree not to use the F4P Offerings: (a) for any commercial purposes; or (b) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.
The Website and App contain Content which includes, but is not limited to, information pertaining to the F4P Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Website and in the App.
6. License and Proprietary Rights
(a) Copyright and Ownership. The Website, App, and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “F4P Materials”), are the sole and exclusive property of, or duly licensed to, F4P. Consent is granted to view, electronically copy, and print in hard copy portions of the App and Website for the sole purpose of using the F4P Service. Any other use of the F4P Materials, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of F4P is strictly prohibited. You acknowledge that F4P and/or third-party content providers remain the owners of such F4P Materials and that you do not acquire any of those ownership rights by downloading copyrighted material. F4P reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from F4P.
(b) Trademarks. “Fresh 4 Paws,” all other F4P marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Fresh 4 Paws, LLC or otherwise proprietary to Fresh 4 Paws, LLC and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the F4P Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the F4P Offerings.
7. Access to the F4P Offerings
(a) Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the F4P Offerings. You agree to comply with all applicable laws and the terms of the Agreement in connection with your use of or participation in any F4P Offerings. You hereby represent that you are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and have the required Website power and authority to enter into the Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Website, App and/or other F4P Offerings may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which F4P may undertake from time to time; or (c) causes beyond the reasonable control of F4P or which are not reasonably foreseeable by F4P. F4P shall not be liable to you in any such event.
(b) ID Number and Passwords. Access to the F4P Service is accomplished through the use of a registered email address and a password that you choose upon your registration for the F4P Service, as updated from time to time. You are solely responsible for any authorized or unauthorized access to your Account by any person. You agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the Website and App, or receipt of transactional, Account-related or marketing email communications or other communications relating to the F4P Offerings. You agree to bear all responsibility for the confidentiality of your password. You agree to notify F4P promptly of any unauthorized use of your password or Account and you will remain liable for any unauthorized use of the F4P Service.
(c) Your Account/Registration. You are responsible for all charges (including applicable taxes) to your Account in connection with your use of the F4P Service, including in connection with your Plan and/or any other add-on or other purchases that are selected for purchase from time to time, by you or anyone you allow to use your Account and password to access the F4P Service.
In order to access the F4P Offerings, you must provide some or all of the following information: (a) your full name; (b) your e-mail address; (c) your mailing and/or billing address; (d) your telephone number; (e) your Payment Method information; (f) information pertaining to your alternative receiver of product ; and (g) any other information requested by F4P (collectively, “Account Information”). You agree and accept responsibility for keeping all your Account Information current, up to date and accurate in all respects. You can update your Account Information by visiting your Account page on the Website or App, as applicable, or by contacting us at Fresh 4 Paws, Inc. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent Account Information and that you are solely responsible for any Account Information that you provide to F4P, and accept responsibility for all activities that occur under your Account or password and for restricting access to your computer and mobile device(s), as applicable.
8. Representations and Warranties
Each end-user hereby represents and warrants to F4P as follows: (a) the Agreement constitutes such end-user’s legal, valid and binding obligation which is fully enforceable against such end-user in accordance with its terms; (b) such end-user understands and agrees that such end-user has independently evaluated the desirability of utilizing the F4P Offerings and that such end-user has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such end-user’s performance under the Agreement, such end-user’s use of the F4P Offerings and her/his Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (d) if applicable, such end-user will be solely responsible for her/his feedback.
Each end-user agrees to indemnify, defend and hold F4P and the F4P Parties (as defined below) harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) her/his feedback; (b) any dispute between that end-user and any other end-user or third party; (c) that end-user’s breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that such end-user (or that end-user’s feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that such end-user’s use of the F4P Offerings has violated any applicable law; and/or (f) such end-user’s use of the F4P Offerings in any manner whatsoever.
10. Warranty Disclaimer
THE F4P OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, F4P MAKES NO WARRANTY THAT THE F4P OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE F4P OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. F4P WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE F4P OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM F4P OR OTHERWISE THROUGH OR FROM THE F4P OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, F4P DOES NOT ENDORSE END-USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
- No Medical Claims Made
Although F4P has done its best to create recipes that are design for pets with certain dietary restrictions and/or health issues, F4P makes absolutely no promise, representation, claim or warranty with respect to any purported health benefits of using its food products for your pet. Your pet’s health may not improve after eating F4P’s products.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER F4P, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “F4P PARTIES”), SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF F4P OR THE APPLICABLE F4P PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE F4P OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE F4P OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE F4P OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE F4P AND THE F4P PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF F4P TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE F4P OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR F4P MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND F4P. ACCESS TO THE F4P OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF F4P SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING (IN NEW JERSEY) THE MAXIMUM LIMITATION AVAILABLE UNDER LAWS SUCH AS THE NEW JERSEY PUNITIVE DAMAGES ACT, THE NEW JERSEY PRODUCT LIABILITY ACT, THE NEW JERSEY CONSUMER FRAUD ACT, AND OTHER LAWS OR REQUIREMENTS IN NEW JERSEY.
13. Dispute Resolution Provisions
Your use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. F4P makes no representation or warranty that Materials and Content on the Website are appropriate or available for use in any particular jurisdiction. Your use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Website in any jurisdiction where all or any portion of the Website violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
Choice of Law, Jurisdiction and Venue:
- You agree that this agreement and your use of the Website will be governed by the laws of the Commonwealth of Pennsylvania. By using the Website, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Erie, Pennsylvania, in all disputes (i) arising out of, relating to or concerning this agreement, the Website, your use thereof or the products sold on it; (ii) in which the Website and / or this agreement is an issue or a material fact; or (iii) in which the Website or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Waiver of Rights:
- YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE WEBSITE OR THIS AGREEMENT.
Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
- Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Website, you agree to give up your right to a trial in court except for certain small claims as described below.
- You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Website. Any dispute or claim made by you against F4P or against any of F4P subsidiary, parent or affiliated companies arising out of or related to your use of the Website, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
- You must first present any claim or dispute to F4P by contacting F4P to allow F4P the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of American Arbitration Association as modified by this agreement. You and F4P agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Erie, Pennsylvania, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
- Any arbitration shall be confidential, and neither you nor F4P may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
- If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
- Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and F4P. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
(a) Termination. The Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. F4P may suspend or terminate the Agreement or any F4P Offerings or remove or disable access to all or any portion of the F4P Offerings at any time for any reason or for no reason with or without notice to you. You may terminate your F4P Service account at any time for any reason or for no reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. F4P reserves the right to collect fees and charges incurred before you cancel your F4P Service account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancelation.
(b) Third Party Websites. The F4P Offerings contain links to other Websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Pages. F4P does not control the information, products or services made available on, by or through these third party Websites. The inclusion of any link does not imply endorsement by F4P of the applicable Website or any association with the Website’s operators. Because F4P has no control over such Websites and/or resources, each end-user agrees that F4P is not responsible or liable for the availability or the operation of such external Websites, for any material located on or available from or through any such Websites or for the protection of any end-user’s data privacy by third parties. Each end-user further agrees that F4P shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such Website.
(c) Notices. F4P may give notice to you of any change or any other communication related to the Agreement through a general posting on the Website and in the App, by email, or by conventional mail to your address contained in the data provided by you in your account. You may give notice to F4P by emailing email@example.com or by conventional mail to:
Fresh 4 Paws, LLC
c/o Michael A. Agresti
300 State Street Suite 300
Erie PA 16507
(d) Entire Agreement; Severability; Waiver; Relationship of the Parties; Headings; Assignment. The Agreement represents your entire agreement with F4P regarding your use of the F4P Offerings. To the extent that anything in or associated with the F4P Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence provided, however, that with respect to the: (a) Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Promotion Rules, those Promotion Rules, as applicable, shall take precedence; and (b) Gift Cards, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Gift Card Policies, those Gift Card Policies shall take precedence. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed, in accordance with applicable law, as nearly as possible to reflect the original intention of the parties, and the remainder of the Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. F4P may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(e) Third-Party Beneficiaries. You agree that the Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, F4P, and F4P Parties; provided, however, that the provisions of the Agreement are for the benefit of the F4P Parties, and each shall have the right to assert and enforce the provisions directly on its own behalf. The Agreement and all obligations and restrictions placed upon you or your permitted users by the Agreement shall survive termination of the Agreement and your F4P Service account.