WAGZER PETS TERMS OF SERVICE

Last Revised: [Jan29, 2025]

The following terms and conditions of service (the “Terms of Service”) constitute a binding agreement between you and Wagzer Pets, Inc. (“Wagzer Pets,” “us,” or “we”) with respect to your use of our website at wagzerpets.com (the “Site”), and the services and products available on the Site, including any Content (as defined in Section 6 below) (collectively, the Site, services, products, and Content are hereinafter referred to as the “Offerings”). By accessing or using the Offerings in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these Terms of Service, including the Privacy Notice located at https://wagzerpets.com/policies/privacy-policy (the “Privacy Notice”) and other policies located at https://wagzerpets.com/help/articles, which are each incorporated herein by reference, and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to these Terms of Service or other listed policies, do not use these Offerings.

THESE TERMS OF SERVICE INCLUDE BINDING INDIVIDUAL ARBITRATION PROVISIONS REFERENCED HEREIN AND ATTACHED AS ATTACHMENT 1 TO THIS TERMS OF SERVICE. THE DISPUTE RESOLUTION PROVISIONS IN ATTACHMENT 1 ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. IF A DISPUTE DOES GO TO COURT, THE JURY TRIAL WAIVER APPLIES, WHICH MEANS YOU WAIVE YOUR CONSTITUTIONAL RIGHT TO A JURY TRIAL AND ACCEPT THE USE OF A BENCH TRIAL.

Offerings

We provide an extensive array of Offerings on our Site, including premium pet supplies, scientifically formulated dietary pet supplements, exclusive merchandise, and versatile gift cards. These Offerings are meticulously designed and curated to address the diverse and evolving needs of pet owners, with the ultimate aim of fostering the overall health, happiness, and well-being of their pets. By combining innovative solutions with reliable products, we seek to deliver exceptional value and convenience for all our customers.

Our catalog is tailored to cater to a wide spectrum of pet care requirements, ranging from basic necessities to specialized health products. The quality and efficacy of our Offerings reflect our commitment to exceeding industry standards, ensuring that every product purchased meets rigorous safety and durability criteria. Furthermore, our gift cards provide a flexible and thoughtful option for those wishing to share the Wagzer Pets experience with friends and family, offering a customizable and convenient way to express care for pets and their owners.

No Guarantee

While we are dedicated to providing superior Offerings and maintaining high-quality standards, you acknowledge and agree that we cannot promise or guarantee specific results or outcomes from the use of products and/or services available on this Site. Individual outcomes may vary significantly based on a multitude of factors, including but not limited to a pet’s breed, age, size, health conditions, and lifestyle. External factors beyond our control may also influence the efficacy of our products and services.

We strive to ensure transparency in all communications and encourage informed decision-making by providing comprehensive descriptions, usage guidelines, and product details. However, the inherently individualized nature of pet care means that we cannot guarantee universal efficacy, and customers should consider their pets’ unique needs when selecting and using our Offerings.

Changes to the Offerings

We retain the right, at our sole discretion, to make adjustments or enhancements to our Offerings over time. These modifications may include, but are not limited to, the introduction of new features, updates, bug fixes, patches, or other forms of refinement (collectively referred to as “Updates”). Additionally, Updates may necessitate the modification or removal of certain features or functionalities as we adapt to evolving market demands, technological advancements, and customer feedback.

You acknowledge that we are under no obligation to provide Updates or to maintain any specific features of the Offerings indefinitely. We also reserve the right to alter, suspend, or permanently discontinue any portion of the Offerings at any time. These measures are essential to ensure the sustainability and relevance of our services. By using our Site, you agree that we will not be held liable for any changes, suspensions, or discontinuations of Offerings, and we encourage users to remain adaptable to the evolving nature of our platform.

Temporary Interruptions

You understand and accept that temporary interruptions of the Offerings may occur as a normal part of operations or due to unforeseen circumstances beyond our control. Such interruptions may result from system maintenance, technological upgrades, third-party service disruptions, or other external factors. While we make every effort to minimize the impact of these interruptions, some delays or performance issues may be unavoidable.

Our reliance on third-party networks and service providers may also contribute to occasional disruptions in the availability or functionality of our Offerings. Accordingly, the Offerings on this Site are provided on an “AS IS” basis. We do not assume responsibility for delays, mis-delivery, or failure in the storage or transmission of communications due to these temporary interruptions. We value your understanding and patience as we strive to enhance and optimize our platform.

Products

Certain products and services may be offered exclusively through our Site, with their availability subject to stock levels, geographical restrictions, or other criteria determined at our sole discretion. These limitations are designed to maintain quality control and equitable access for all customers. We evaluate such restrictions on a case-by-case basis to ensure fairness and consistency.

While we endeavor to present detailed and accurate product descriptions, including specifications, dimensions, and colors, variations may occur due to technological limitations such as display settings or monitor resolutions. Customers are encouraged to review additional product details or contact customer service for clarification prior to purchase. By acknowledging these potential variances, you accept that visual representations may not perfectly reflect the actual product.

Cancellation of Services or Products

We reserve the right to reject or cancel any order placed on our Site. This includes, but is not limited to, orders we suspect are intended for resale, distribution, or any purpose inconsistent with personal use. Additionally, we may impose limitations or cancel orders linked to identical customer accounts, payment methods, billing addresses, or shipping addresses.

In the event of order modifications or cancellations, we will make reasonable efforts to notify you promptly using the contact details provided at the time of purchase. These measures are implemented to preserve the integrity of our services and to ensure equitable access for all customers.

Payment

All payments for Offerings must be made in full at the time of purchase. For ongoing services or subscriptions, charges will be billed in advance. Customers agree to provide accurate, complete, and up-to-date billing information. Failure to provide valid payment information may result in suspension or termination of access to the Offerings. Additionally:

• Any overdue payments may incur additional fees, penalties, or interest as permitted by law.
• Customers are responsible for ensuring sufficient funds or credit limits are available for purchases to prevent payment delays or disruptions.

Charges

All charges for Offerings will be billed to the payment method provided during checkout. If you enroll in a recurring subscription or service, charges will be billed in advance of the scheduled delivery or service period. It is your responsibility to maintain accurate and up-to-date billing information, including a valid credit card, name, address, and phone number. Any changes to this information must be communicated promptly to avoid service disruptions.

Overdue Amounts

If your payment method is declined or fails to process, we reserve the right to suspend or terminate your access to the Offerings. You may also be required to settle overdue amounts, including any third-party fees or penalties incurred as a result of payment failures. Should legal action become necessary to recover outstanding balances, you agree to reimburse us for all associated costs, including attorney fees and related expenses.

Gift Cards

All gift card purchases are governed by these Terms of Service, along with any additional policies specified on the Site (collectively referred to as “Gift Card Policies”). Wagzer Pets Gift Cards, including e-gift cards, do not expire and may only be redeemed on our Site. Gift Cards cannot be exchanged for cash or credit unless otherwise required by applicable law. Upon redemption, Gift Cards apply a credit to your account, which can be used toward future purchases until the balance is fully utilized.

Please note that Wagzer Pets is not responsible for lost, stolen, or misplaced Gift Cards. Replacements will only be issued in compliance with applicable laws. Additionally, all gift card sales are final and non-refundable. By purchasing or using Wagzer Pets Gift Cards, you accept these terms and the associated conditions, ensuring a secure and seamless transaction process.

Site Conduct & Posting Policies

Login Required

To access specific Offerings on this Site, or to post User Content, you are required to establish an account and password. During the registration process, you will be prompted to provide detailed personal information ("Registration Info"). It is incumbent upon you to maintain and periodically update your Registration Info to ensure it remains accurate, complete, and current. By completing registration, you affirm that all Registration Info supplied is truthful and precise and that you will promptly revise this information as necessary to preserve its integrity.

Registration serves as the foundational mechanism for ensuring that access to certain Offerings on this Site remains secure and restricted to authorized individuals. By maintaining accurate Registration Info, you enable us to provide tailored services and ensure compliance with applicable laws and regulations. Your failure to provide or update accurate Registration Info may result in suspension or termination of your access to the Site, as well as potential liability for any issues arising from inaccurate or incomplete information.

Passwords & Security

If you register for an account on this Site, you assume full responsibility for safeguarding the confidentiality and security of your password. You acknowledge that all activities or transactions conducted under your account are your sole responsibility. To mitigate unauthorized access, you must implement robust measures to secure your credentials. Wagzer Pets employees will never solicit your password under any circumstances. Should you suspect any unauthorized access to your account, it is your obligation to inform us immediately, ensuring the swift resolution of potential security breaches.

Password security is a critical element of maintaining the integrity of your account. You are encouraged to use strong, unique passwords and to change them periodically to further enhance security. Additionally, you should avoid using shared devices or public networks to access your account, as these may expose your credentials to unauthorized parties. Failure to adequately secure your account could result in significant consequences, including unauthorized transactions, loss of personal data, or breaches of the Site’s security protocols.

User-Created Content Guidelines

Your utilization of this Site is governed by all applicable laws and regulations. You bear sole responsibility for any content you contribute to the Site, including but not limited to comments, reviews, or other forms of User Content. By submitting User Content or engaging with any interactive elements of the Site, you explicitly agree to refrain from posting material that:

• Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of privacy, or includes explicit descriptions of sexual or violent content;
• Targets, harasses, degrades, or intimidates any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Infringes upon the intellectual property rights, including patents, trademarks, copyrights, or trade secrets, or violates any right of publicity or proprietary interest of a third party;
• Constitutes unsolicited advertising, bulk email ("spam"), chain letters, unauthorized solicitations, or promotes gambling or lotteries;
• Embeds malicious code, files, or programs intended to disrupt, harm, or limit the functionality of any software, hardware, or telecommunications systems, or facilitates unauthorized access to data or information;
• Breaches the security of the Site, compromises protected areas, or attempts unauthorized access to accounts, networks, or servers linked to this Site; or
• Misrepresents your identity or impersonates any person or entity, including Wagzer Pets employees, representatives, or other users.

By adhering to these guidelines, you contribute to the creation of a respectful, safe, and lawful community within the Site. Any violation of these guidelines not only undermines the integrity of the platform but may also expose you to civil or criminal liability under applicable laws. Wagzer Pets retains the right to investigate any suspected violations and to take appropriate action, including reporting such violations to law enforcement authorities where warranted.

No Endorsement

Wagzer Pets does not endorse, assume liability for, or take responsibility for any User Content submitted or displayed on the Site. While Wagzer Pets does not actively pre-screen, monitor, or police User Content, we reserve the discretionary authority to remove material that, in our judgment, contravenes these guidelines, violates applicable terms, or is otherwise deemed harmful, objectionable, or inaccurate.

The absence of pre-screening does not imply a lack of accountability for users who post content. It is imperative that all User Content adhere to the established guidelines to ensure the Site remains a reliable and respectful space for interaction. By submitting content, users acknowledge their responsibility for ensuring that their contributions are lawful, accurate, and respectful of the rights and dignity of others.

We are not liable for any delays or failures in removing User Content that does not comply with these standards. However, we are committed to addressing reported issues in a timely manner and encourage users to notify us of any content that may violate these policies. By using this Site, you acknowledge your sole responsibility for any content you generate or post and accept full accountability for disputes or liabilities arising from such content. This accountability underscores the importance of thoughtful and conscientious engagement with the Site’s interactive features, promoting a collaborative and positive user experience.

Third-Party Websites

Third-Party Sites and Information

This Site may redirect or provide links to external websites, or otherwise reference information, products, or services offered by third-party entities unaffiliated with Wagzer Pets. While we endeavor to engage with reputable and reliable providers, the content, policies, and materials presented on such third-party platforms may, at times, be unsuitable, outdated, or objectionable to certain users. You acknowledge and accept that Wagzer Pets holds no responsibility for the accuracy, completeness, legality, or appropriateness of any content hosted on third-party websites. Furthermore, we disclaim all liability for errors, omissions, or discrepancies in references made by such platforms.

The inclusion of links to external websites is intended solely for user convenience and does not signify an endorsement, sponsorship, or association with those websites or their operators by Wagzer Pets. Similarly, the presence of such links should not be construed as a representation of the quality, reliability, or authenticity of the products, services, or information offered by these third parties. Users are encouraged to exercise due diligence and thoroughly review the applicable terms, conditions, and policies of any third-party website before interacting with its content or services.

Additionally, Wagzer Pets does not guarantee the security, privacy practices, or operational integrity of third-party websites. By accessing external links, you assume full responsibility for any risks associated with your interactions, including potential exposure to unreliable content, data breaches, or other adverse outcomes resulting from third-party services.

Third-Party Promotions

This Site may occasionally display advertisements, promotional content, or offers from third-party entities. Users may engage in correspondence, transactions, or promotional activities with these advertisers, whose products or services are featured on this Site. All interactions or agreements, including but not limited to the payment for goods and services, adherence to delivery terms, or reliance on warranties, are strictly between you and the respective third party.

Wagzer Pets explicitly disclaims any liability, obligation, or responsibility for such third-party promotions or advertisements. You acknowledge and agree that Wagzer Pets is not involved in resolving disputes, addressing errors, or rectifying issues arising from your dealings with third-party advertisers. We strongly recommend that users thoroughly review the terms and conditions associated with any promotional offers before engaging in transactions or agreements.

Reliance on any promotional material displayed on this Site should be approached with caution. Wagzer Pets makes no representations or guarantees regarding the authenticity, accuracy, or quality of the products or services advertised by third parties.

Company Intellectual Property

Ownership of Content

For the purposes of these Terms of Service, "Content" refers to any and all information, communications, software, published works, images, videos, graphics, music, sounds, or other materials made available to users through this Site and owned by Wagzer Pets. This Content is safeguarded under applicable intellectual property and proprietary rights laws within the United States and other relevant jurisdictions.

By agreeing to these Terms of Service, you affirm that all Content presented on the Site remains the exclusive property of Wagzer Pets or its designated licensors. This includes, but is not limited to, proprietary designs, platform layouts, software functionalities, and visual elements associated with Wagzer Pets' Offerings.

Additionally, all custom graphics, icons, logos, service names, and branding elements are registered trademarks, service marks, or trademarks of Wagzer Pets. Unauthorized use, reproduction, or modification of these proprietary assets is strictly prohibited. Likewise, all other trademarks referenced on the Site remain the property of their respective owners. These Terms of Service do not grant you any rights or licenses to utilize Wagzer Pets' trademarks or intellectual property without prior written consent.

Limitations on Use of Content

Users may create a single copy of Content for strictly personal, non-commercial use. Beyond this exception, the reproduction, duplication, distribution, modification, or transmission of Content from this Site or its Offerings, by any means or in any form, is expressly prohibited without written authorization from Wagzer Pets. Unauthorized use constitutes a violation of our intellectual property rights and may result in significant legal consequences, including civil and criminal penalties.

You further agree not to sell, resell, reproduce, duplicate, or exploit any portion of the Offerings, or access to the Site, for commercial purposes without explicit prior approval. This includes, but is not limited to, the unauthorized use of proprietary software, design frameworks, or branding materials.

Moreover, the use of automated systems, bots, or scraping tools to extract data or Content from the Site without authorization is strictly prohibited. Such actions undermine the platform's integrity and security, and violations will be pursued to the fullest extent permitted by law.

No Warranty for Third-Party Infringement

Wagzer Pets does not guarantee or represent that your use of materials accessed through the Offerings will not infringe upon the intellectual property rights of third parties. Users are solely responsible for ensuring that their actions comply with all relevant laws and respect the proprietary rights of others.

Should you suspect that any materials on the Site may infringe on intellectual property rights, you are encouraged to promptly notify Wagzer Pets. While we take allegations of infringement seriously and will investigate reported concerns, Wagzer Pets is not liable for any disputes or claims arising from unauthorized use of third-party intellectual property by users. You are expected to act responsibly and ethically when utilizing materials obtained through our platform.

Content You Create

Your Intellectual Property Rights

Subject to our Privacy Notice, any communication or material that you transmit to this Site, or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, irrevocable, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

This provision ensures that any content shared with us can be utilized in ways that align with the growth, development, and operational needs of Wagzer Pets. By transmitting such content, you acknowledge and agree that we may adapt or modify it to fit various applications and uses without requiring further consent or compensation. This includes, but is not limited to, using the content for marketing campaigns, product development, training, or any initiatives aimed at improving our services and offerings. Such adaptations may be applied across digital platforms, physical mediums, or other forms of communication to ensure optimal utility.

Furthermore, this provision emphasizes that the rights you grant us are intended to support innovation and creativity within our organization. These rights are essential to fostering a dynamic environment that leverages user input to enhance the overall quality and relevance of our services. By sharing your User Content, you contribute to a collaborative effort to improve the Wagzer Pets experience for all users.

Confidential Information

As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Notice). Please refrain from submitting confidential or proprietary information to us (including patentable ideas, product suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Any unsolicited ideas or suggestions we receive will be treated as property owned by Wagzer Pets and will not be returned to you.

This clause establishes clear boundaries regarding the submission of information, ensuring transparency and mutual understanding. By adhering to these guidelines, we aim to foster a collaborative and open environment while protecting the intellectual property rights of all parties involved. It is critical to recognize that any unsolicited submissions, regardless of their perceived value or uniqueness, will be regarded as contributions to Wagzer Pets’ initiatives and may be utilized at our discretion.

To further clarify, submitting information without prior agreement indicates your consent to our unrestricted use of the material. Such use may encompass adaptation, reproduction, distribution, or implementation as deemed appropriate for the strategic and operational goals of Wagzer Pets. This policy ensures a streamlined and legally compliant approach to managing user-submitted content while preserving our ability to innovate and remain competitive.

Additional Provisions for User Content

In addition to the rights outlined above, you agree that any User Content transmitted to Wagzer Pets must not violate applicable laws, infringe on third-party rights, or include harmful, offensive, or inappropriate material. By submitting User Content, you represent and warrant that you have the necessary rights and permissions to share such content and that doing so does not conflict with any existing agreements or obligations.

We reserve the right to review, monitor, and remove any User Content at our sole discretion. This includes content that is deemed to be unlawful, inappropriate, or inconsistent with our values and operational goals. By retaining this right, Wagzer Pets ensures a safe and respectful environment for all users while maintaining the integrity of our brand and services.

Furthermore, should any disputes arise concerning User Content, you agree to indemnify and hold Wagzer Pets harmless from any claims, liabilities, or damages resulting from such disputes. This provision underscores the importance of responsible content sharing and reinforces our commitment to protecting the interests of all parties involved.

By clearly defining the scope of permissible User Content and the corresponding responsibilities of contributors, this policy promotes a balanced and mutually beneficial relationship between Wagzer Pets and its users. It also supports a transparent framework for managing intellectual property and user submissions, fostering trust and collaboration across all interactions.

Disclaimer

ALL CONTENT AND OFFERINGS PROVIDED ON THIS SITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WAGZER PETS MAKES NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) THE OFFERINGS, INCLUDING THE CONTENT AND/OR SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, DEFECTS, OR OTHER ISSUES.

THIS SITE MAY CONTAIN TECHNICAL ERRORS, INACCURACIES, OR TYPOGRAPHICAL MISTAKES THAT COULD IMPACT YOUR EXPERIENCE. WAGZER PETS RESERVES THE RIGHT TO MAKE CHANGES, ALTERATIONS, OR MODIFICATIONS TO THE OFFERINGS ON THIS SITE AT ANY TIME, INCLUDING BUT NOT LIMITED TO PRICING, DESCRIPTIONS OF PRODUCTS, OR SERVICE AVAILABILITY, WITHOUT PRIOR NOTICE. THESE CHANGES MAY ALSO APPLY TO POLICIES OR OTHER FUNCTIONALITIES PROVIDED ON THIS SITE. FURTHERMORE, CONTENT OR PRODUCTS MAY BE OUTDATED, INCOMPLETE, OR SUBJECT TO FUTURE REVISIONS, AND WE MAKE NO GUARANTEE TO UPDATE SUCH CONTENT IN A MANNER THAT MEETS ANY SPECIFIC TIMELINE OR EXPECTATION.

THE USE OF OFFERINGS THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DOWNLOADING, STREAMING, OR OTHER METHODS OF CONTENT ACQUISITION, IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LOSSES, OR OTHER ISSUES THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, OR DATA LOSSES CAUSED BY VIRUSES, MALWARE, OR OTHER DIGITAL DISRUPTIONS ARISING FROM SUCH ACTIVITIES.

WAGZER PETS MAKES NO WARRANTY REGARDING TRANSACTIONS OR INTERACTIONS CONDUCTED THROUGH THIRD-PARTY SERVICES CONNECTED TO THIS SITE. YOU ACKNOWLEDGE THAT ANY TRANSACTIONS WITH THIRD PARTIES, INCLUDING PAYMENT PROCESSORS, DELIVERY SERVICES, OR OTHER AFFILIATED SERVICES, ARE CONDUCTED AT YOUR OWN RISK AND THAT ANY WARRANTY ASSOCIATED WITH THESE SERVICES OR PRODUCTS IS THE SOLE RESPONSIBILITY OF THE THIRD PARTY INVOLVED. WAGZER PETS DISCLAIMS ANY OBLIGATION OR LIABILITY FOR THE QUALITY, SAFETY, OR LEGITIMACY OF THIRD-PARTY OFFERINGS LINKED TO OR REFERENCED BY THIS SITE.

MOREOVER, YOU UNDERSTAND AND ACCEPT THAT THIS DISCLAIMER APPLIES NOT ONLY TO THE PRODUCTS AND SERVICES PROVIDED BY WAGZER PETS BUT ALSO TO ANY AUXILIARY OR INDIRECT SERVICES AND SUPPORT CONNECTED TO THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, CUSTOMER SERVICE INTERACTIONS, USER-GENERATED CONTENT, AND EXTERNAL LINKS MADE AVAILABLE TO YOU FOR CONVENIENCE.

IN ADDITION TO THE ABOVE, THIS DISCLAIMER ALSO ADDRESSES SITUATIONS IN WHICH THE FUNCTIONALITY OR USABILITY OF THE SITE MAY BE INTERRUPTED DUE TO EVENTS BEYOND OUR CONTROL. SUCH EVENTS MAY INCLUDE, BUT ARE NOT LIMITED TO, SERVER OUTAGES, NETWORK INTERRUPTIONS, OR SOFTWARE FAILURES THAT AFFECT YOUR EXPERIENCE. WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED DUE TO SUCH INTERRUPTIONS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS OF YOUR JURISDICTION TO DETERMINE WHETHER THESE EXCLUSIONS ARE ENFORCEABLE.

BY CONTINUING TO USE THIS SITE, YOU AGREE TO RELEASE WAGZER PETS FROM ANY AND ALL CLAIMS, LIABILITIES, OR DAMAGES ARISING FROM YOUR USE OF THE CONTENT, PRODUCTS, OR OFFERINGS PROVIDED THROUGH THIS PLATFORM. THIS DISCLAIMER SERVES TO OUTLINE THE PARAMETERS OF RESPONSIBILITY FOR BOTH PARTIES INVOLVED AND ENSURES THAT USERS ENGAGE WITH THE SITE KNOWING AND ACCEPTING THESE TERMS.

Limitation of Liability & Indemnification

Limitation of Liability & Exclusive Remedy

Your exclusive remedy, and our total liability, if any, for claims arising from these Terms of Service and your use of this Site, shall be strictly limited to the amount you paid us for Offerings purchased on the Site during the 12-month period preceding the act giving rise to the claim. This limitation establishes a direct correlation between the remedy available to you and the scope of your financial engagement with our services, ensuring proportionate and predictable liability.

Moreover, this limitation reflects the transactional nature of our Offerings, reinforcing that remedies must align with the direct monetary value exchanged during the engagement. By adhering to this framework, we aim to provide a consistent and equitable resolution mechanism for potential disputes, ensuring clarity and fairness in all interactions. This provision ensures that the risks and responsibilities associated with the use of our services are clearly delineated and equitably distributed.

This limitation also emphasizes the importance of accurately understanding the scope of liability under this agreement. By establishing a well-defined cap on liability, both parties benefit from enhanced predictability, mitigating the risks of disproportionate claims and encouraging mutual accountability. These measures are integral to fostering trust and transparency in the relationship between users and our platform.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OPERATIONS, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM ARISING FROM YOUR USE OF THIS SITE OR ANY WEBSITE LINKED TO OR REFERENCED HEREIN MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM.

This exclusion is intended to safeguard against speculative or exaggerated claims, while ensuring that any liability remains within foreseeable and manageable boundaries. It underscores the inherent risks associated with the use of digital platforms and clarifies the allocation of those risks between users and the service provider. This provision serves as a cornerstone for defining the extent of acceptable liability and enables the implementation of fair, consistent practices across all user interactions.

FURTHER, WE DISCLAIM LIABILITY FOR ANY PROMISES MADE BY THIRD PARTIES REGARDING OUR OFFERINGS OR FOR ANY ASSISTANCE PROVIDED IN COMMERCIAL TRANSACTIONS FACILITATED THROUGH THIS SITE, INCLUDING ORDER PROCESSING AND DELIVERY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES. AS SUCH, THESE LIMITATIONS MAY NOT APPLY TO YOU. USERS ARE ENCOURAGED TO CONSULT LOCAL LAWS TO UNDERSTAND THEIR RIGHTS AND OBLIGATIONS.

This clause also reflects an acknowledgment of the diversity in legal standards across jurisdictions, encouraging users to consider their specific legal frameworks and how they may affect the applicability of these limitations. By doing so, it enables users to engage with our platform more effectively while maintaining awareness of their rights.

Indemnification

You agree to indemnify, defend, and hold us harmless from all liabilities, claims, damages, and expenses—including attorneys’ fees—arising from your misuse of this Site or any breach of these Terms of Service. This obligation extends to damages or claims arising from unauthorized access, data breaches, or any actions that cause harm to third parties due to your conduct on the Site.

This indemnification ensures that users assume responsibility for their actions, thereby maintaining the integrity of the platform and safeguarding it against misuse. It highlights the mutual obligation to operate within the parameters of legal and ethical conduct, fostering a collaborative and trustworthy environment. In cases where disputes arise, the indemnification clause establishes a clear protocol for resolving conflicts efficiently while mitigating potential risks to all parties involved.

We reserve the exclusive right to assume control of the defense of any matter subject to indemnification by you, at our sole expense. If this occurs, you agree to provide full cooperation in asserting any defenses available to us. This provision ensures that we retain the ability to manage and mitigate disputes effectively, safeguarding the integrity of our operations while minimizing exposure to unnecessary liabilities.

This framework allows us to address indemnification-related issues with precision, creating a structured approach that prioritizes resolution and minimizes disruption to our services. Users are encouraged to fully understand their obligations under this clause to ensure seamless collaboration in maintaining the overall functionality and reputation of the platform.

Termination of Use

We reserve the right, at our sole discretion, to terminate or suspend your access to the Offerings, with or without notice, for reasons including, but not limited to, breaches of these Terms of Service. Any suspected fraudulent, abusive, or illegal activities may lead to immediate termination of access and, where necessary, reporting to the relevant authorities.

Upon termination—irrespective of the reason—your right to use the Offerings ceases immediately. Under no circumstances will we be liable for any claims arising from such termination or suspension. This termination clause underscores the importance of maintaining the integrity and security of our platform and establishes clear boundaries for acceptable use.

Furthermore, this provision reinforces our commitment to ensuring a safe and reliable environment for all users. By reserving the right to terminate access in specific situations, we can proactively address issues that threaten the stability of the platform while ensuring fairness and accountability in enforcement. This serves to protect the broader user community from potential disruptions.

Sections 4-10 of these Terms of Service, as well as obligations related to unpaid fees, shall remain in effect post-termination. This ensures that pre-existing commitments, including financial and contractual obligations, are honored and enforceable even after service termination, preserving the legal and operational continuity of both parties. Additionally, these provisions provide assurance that the cessation of services does not absolve either party of previously established responsibilities, fostering a sense of reliability and continuity in the execution of agreements.

This comprehensive approach to termination safeguards the interests of all parties, ensuring that obligations are fulfilled and that disputes are resolved in a manner that aligns with the principles of fairness and transparency.

Miscellaneous Provisions

Sweepstakes, Contests, and Games

In addition to these Terms of Service, any sweepstakes, contests, games, or similar promotions (collectively referred to as “Promotions”) offered through our services are subject to distinct governing rules that may diverge from these Terms of Service. These rules often define specific terms, eligibility criteria, prizes, deadlines, and processes that are exclusive to the particular Promotion in question. Participants are strongly encouraged to thoroughly review these specific rules and regulations prior to engagement to ensure full compliance and understanding of all associated requirements and limitations. In the event of any inconsistencies between these Terms of Service and the applicable rules of a Promotion, the rules governing the Promotion shall unequivocally take precedence to ensure fairness and clarity in all promotional activities.

International Use

While this Site is accessible globally, we provide no assurance that its content is suitable, accessible, or legally permissible in jurisdictions outside the United States. Users accessing this Site from regions outside the United States bear the sole responsibility for ensuring adherence to applicable local laws and regulations, including but not limited to import-export laws, taxation obligations associated with internet transactions, and regional restrictions on content or commerce. Furthermore, any products, services, or information offered through this Site are considered void and inapplicable in jurisdictions where such offerings are explicitly prohibited by law. Users are advised to consult local legal experts if any uncertainties arise regarding compliance with applicable regional requirements.

Governing Law

The content, services, and interactions facilitated through this Site (excluding third-party websites) are managed and operated from our offices in Missouri. Consequently, these Terms of Service shall be governed by, and construed in strict accordance with, the statutes and legal frameworks of the State of Missouri, without regard to its conflict of laws principles or provisions. By accessing our services, you explicitly consent to the exclusive jurisdiction and venue of the Superior Court of Missouri or the U.S. District Court for Missouri to resolve any disputes, controversies, or claims arising under or relating to these Terms of Service. This provision ensures that any legal disputes are adjudicated in a consistent and predictable legal environment.

Notices

All formal notifications, communications, or correspondences directed to you will be issued in writing and transmitted via electronic mail or conventional postal service. Notifications intended for us should be directed to Customer Service at support@wagzerpets.com for electronic communication or to our official postal address at [Insert Address] for physical mail. By utilizing our services, you authorize us to correspond using the contact information provided in your account, including email addresses and mailing addresses. Communication under these Terms of Service will be deemed successfully delivered under the following specific conditions: (i) upon personal delivery to the intended recipient; (ii) two business days following dispatch via an overnight courier with documented proof of delivery; (iii) five business days following mailing via U.S. postal service, return receipt requested; (iv) upon successful facsimile transmission with confirmation; or (v) upon receipt confirmation of an electronic mail transmission.

Force Majeure

We shall be excused and indemnified from liability for any failure or delay in fulfilling obligations pertaining to the delivery of products, services, or other commitments facilitated through this Site, where such failures or delays arise from events beyond our reasonable control, whether foreseeable or unforeseeable. Examples of such events include, but are not limited to, labor disputes, strikes, wars, acts of terrorism, fires, natural disasters, severe weather conditions, disruptions in transportation networks, governmental actions or directives, pandemics, epidemics, or any other circumstances of comparable nature that exceed our capacity to manage or mitigate. These provisions serve to ensure that operational disruptions caused by extraordinary events are appropriately addressed without undue liability.

Savings Clause

If any provision or subsection of these Terms of Service is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that specific provision shall be interpreted in accordance with applicable law to approximate the original intent of the parties as closely as possible. The determination of invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect, preserving the integrity and enforceability of the overall agreement to the greatest extent permissible by law.

No Waiver

Our failure or decision not to enforce any specific provision of these Terms of Service or exercise any related rights or remedies shall not constitute a waiver of such rights or provisions. Any waiver must be explicitly documented in writing to be deemed valid and enforceable. This clause ensures that no implied waiver or forfeiture of rights occurs due to inaction or delayed enforcement of contractual obligations.

Entire Agreement

These Terms of Service constitute the comprehensive, definitive, and exclusive agreement between the parties regarding the subject matter herein, superseding all prior agreements, negotiations, representations, understandings, and communications, whether oral or written. Supplemental documents, addendums, or additional terms shall not modify or amend these Terms of Service unless explicitly incorporated in writing and mutually agreed upon by both parties. In cases of inconsistency or conflict between these Terms of Service and any associated offerings, these Terms of Service shall govern, ensuring consistency and adherence to the overarching contractual framework.

Changes to Terms of Service

We reserve the unequivocal right to amend, modify, or revise these Terms of Service at our sole discretion and at any time. The effective date of the most recent update is prominently indicated at the top of this document. In instances of material changes, advance notification will be provided to users via electronic mail. Amendments or revisions shall become effective 15 calendar days following the posting date for existing users and shall take immediate effect for new users. Continued access to or utilization of the services after the effective date constitutes explicit acceptance and agreement to the revised Terms of Service, underscoring the importance of periodic review to stay informed of updates.

Questions

For further inquiries, clarifications, or assistance regarding our services or these Terms of Service, you are encouraged to contact us at support@wagzerpets.com. Our customer service team is committed to providing prompt and comprehensive support to address your concerns.

Notice to California Residents

California residents are entitled to certain rights and remedies under California law. Complaints or grievances may be submitted to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Correspondence should be directed to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or submitted via telephone at (800) 952-5210. This provision ensures compliance with state-specific consumer protection regulations and facilitates the resolution of disputes in accordance with California law.

Mandatory Arbitration Provisions

Arbitration Forum and Governing Rules

All disputes shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, as modified by these Terms of Service. The arbitration shall take place in Miami, Florida, and shall be conducted before a single arbitrator who has substantial experience in resolving disputes involving consumer transactions, intellectual property matters, and commercial agreements.

The arbitration will be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§1-16, and not by any state arbitration law. The arbitrator shall apply the substantive laws of the State of Florida, excluding its conflict of laws principles. The arbitration process shall be structured to promote fairness and impartiality while ensuring that all parties have the opportunity to present their claims and defenses.

Selection of Arbitrator

Within 10 calendar days of an arbitration demand being served, both parties shall jointly select an arbitrator with at least 10 years of experience in arbitrating commercial disputes. If the parties cannot agree on an arbitrator within the specified period, either party may request that the AAA appoint an arbitrator who meets the qualifications outlined in these Terms. The arbitrator shall disclose any potential conflicts of interest before being confirmed. If a conflict is discovered after appointment, the arbitrator shall recuse themselves, and the parties shall select a new arbitrator using the same procedure. The arbitrator’s decision regarding any procedural or substantive issues shall be binding and final.

Arbitration Process

1. Pre-Hearing Procedures:

• The parties may engage in limited discovery as approved by the arbitrator. Discovery will be limited to what is reasonably necessary to establish the claims or defenses, including the exchange of relevant documents and depositions of key witnesses.
• The arbitrator may hold pre-hearing conferences to address procedural matters, including scheduling, discovery disputes, or clarification of issues.

2. Conduct of Hearing:

• Arbitration hearings will be private and confidential. Only the parties, their legal representatives, and witnesses may attend unless otherwise agreed by both parties.
• Each party will have a reasonable opportunity to present their case, including the right to submit evidence, call witnesses, and cross-examine opposing witnesses.
• The arbitrator may permit the submission of written arguments and briefs before and after the hearing to ensure all parties’ positions are thoroughly reviewed.

3. Arbitrator's Decision:

• The arbitrator’s award will be in writing and include findings of fact and conclusions of law. The decision shall be final, binding, and enforceable in any court of competent jurisdiction.
• The arbitrator may award damages, injunctive relief, or any other remedies available under applicable law but shall have no authority to award punitive damages unless expressly authorized by statute. The decision shall address all claims raised in the arbitration, providing detailed reasoning to support the outcome.

Costs and Fees

Each party shall bear its own costs of arbitration, including attorneys' fees and expert witness fees, unless the arbitrator determines that an award of costs or fees is appropriate based on the circumstances. The fees for the arbitrator and the administration of the arbitration shall be shared equally by both parties unless the arbitrator determines otherwise. If you prevail in arbitration, Wagzer Pets may reimburse reasonable attorneys' fees and arbitration costs, as required by applicable law or as deemed fair by the arbitrator. If Wagzer Pets prevails, the arbitrator may allocate reasonable costs against the opposing party to the extent permitted by applicable law.

Class Action Waiver

You agree that any arbitration shall be conducted solely on an individual basis. Neither you nor Wagzer Pets may seek to resolve any dispute as a plaintiff or class member in a class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a class, collective, or representative proceeding unless both parties agree to do so in writing. By agreeing to these Terms of Service, you waive your right to participate in class actions, class arbitrations, or similar proceedings. This waiver applies to all disputes, regardless of the relief sought or the legal theory relied upon.

Opt-Out of Arbitration

If you do not wish to be bound by this arbitration agreement, you must notify Wagzer Pets in writing within 30 days of accepting these Terms of Service. Your written opt-out notice must include your full name, address, email address, phone number, and a clear statement that you do not wish to resolve disputes with Wagzer Pets through arbitration. The opt-out notice must be sent to the following address:

Wagzer Pets, Inc.

66 West Flagler Street, Miami, Florida 33130

Email: support@wagzerpets.com

Failure to opt out within the specified period constitutes your consent to this arbitration agreement. Opting out will not affect any other provisions of these Terms of Service.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek relief in small claims court for disputes or claims that fall within the scope of small claims jurisdiction. Additionally, either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims involving intellectual property rights, unauthorized use of confidential or proprietary information, or other matters where immediate relief is necessary to prevent irreparable harm.

Confidentiality

All aspects of the arbitration, including the proceedings, evidence, submissions, and the final award, shall remain strictly confidential unless disclosure is required by law or necessary to enforce or challenge the arbitrator’s decision. Both parties agree to take all reasonable steps to maintain the confidentiality of arbitration, including executing confidentiality agreements if requested. Any breach of confidentiality may result in sanctions or other penalties as deemed appropriate by the arbitrator.

Modifications to Arbitration Agreement

If Wagzer Pets makes any changes to this arbitration agreement, those changes shall not apply to disputes filed prior to the effective date of the changes. The updated arbitration agreement will apply only to disputes filed on or after the effective date. Wagzer Pets will notify you of any changes to this section by posting the amended Terms of Service on our Site or by email, at least 30 days before the changes take effect. Your continued use of the Offerings following the effective date constitutes your acceptance of the revised arbitration agreement.

Severability

If any provision of this arbitration agreement is found to be invalid, unenforceable, or illegal under applicable law, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely approximates the intent of the original provision. This severability clause ensures that the arbitration agreement remains enforceable even if specific clauses are deemed unenforceable.

Waiver of Jury Trial

If for any reason a dispute proceeds in court rather than arbitration, both parties unconditionally waive any right to a jury trial. Any claim brought in court shall be decided by a judge without the involvement of a jury. This waiver applies to all claims, regardless of the legal theory or factual basis of the dispute.

This arbitration agreement shall survive the termination of these Terms of Service and any other agreements between you and Wagzer Pets. By agreeing to these Terms, you acknowledge that you have read, understood, and agreed to be bound by the dispute resolution and arbitration provisions set forth above.

Additional Provisions for Arbitration

1. Arbitration Timeline: All arbitration proceedings must be initiated within one year from the date the dispute arises. Failure to initiate arbitration within this period constitutes a waiver of the claim.
2. Legal Representation: Both parties may retain legal counsel to assist during the arbitration proceedings, ensuring fair representation and adherence to applicable laws.
3. Arbitration Record: A record of the arbitration proceedings, including transcripts, shall be maintained at the request of either party, provided that the requesting party bears the cost of transcription.
4. Post-Arbitration Enforcement: The prevailing party in arbitration may enforce the arbitrator’s decision in any court of competent jurisdiction. Any refusal to comply with the arbitration award may result in additional legal action, including claims for enforcement costs and attorney fees.
5. Provisional Remedies: Either party may seek provisional remedies, such as temporary restraining orders or preliminary injunctions, in a court of competent jurisdiction to prevent immediate and irreparable harm before the arbitration process is completed.

This extended arbitration section provides additional clarity and safeguards to ensure a comprehensive, fair, and enforceable dispute resolution process.

Force Majeure

Wagzer Pets shall not be held responsible for delays or failures to perform due to causes beyond its reasonable control, including natural disasters, labor strikes, pandemics, supply chain disruptions, or government regulations. In such events, Wagzer Pets will make every effort to resume operations as soon as feasible while prioritizing the safety and well-being of its employees, partners, and customers.

Changes to Terms of Service

We reserve the right to update or modify these Terms of Service at any time. Changes will be effective immediately for new users and 15 days after posting for existing users. Your continued use of the Offerings constitutes acceptance of the updated terms. Notifications of significant changes may also be sent to registered users via email. We encourage all users to review these Terms of Service regularly to stay informed about updates.

Contact Us

For questions about these Terms of Service or our Offerings, please contact us at support@wagzerpets.com. We value your feedback and are committed to addressing any inquiries, concerns, or suggestions promptly and effectively.