TERMS OF SERVICE

Terms of Service last updated: May 1, 2022

These Terms of Use (the “Terms of Use”) govern all use of the websites made available by Puainta Pets (“NDA”, “we”, “us” or “our”), including https://puainta.com/(each, a “Site” and collectively, the “Sites”), and all content, services and products available at or through the Sites (collectively, the “Services”).  In order to use the Sites, access the information contained on the Sites, use the Services, or purchase products provided for sale by us through the Sites or Services, you must first read these Terms of Use and agree to all the terms and conditions contained herein.

BY ACCESSING AND/OR USING THE SITE OR ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE OR ACCESS THE SITE.

Changes to the Terms of Use

We may add to, modify, or otherwise update these Terms of Use from time to time in our sole discretion by notifying you that a new version of these Terms of Use has been posted to the Sites or Services.  It is your responsibility to review these Terms of Use for any additions, modifications or updates each time that you access any of the Sites or use any of the Services, and you are bound by such additions, modifications and updates. Your use of the Sites or Services following any additions, modifications or updates to these Terms of Use constitutes your acceptance of the new Terms of Use.

Privacy

We have established a Privacy Policy to explain how your information is collected and used by us.  Please review the Privacy Policy to understand our practices.  The Privacy Policy is located here.

Using the Sites and Services

1. Eligibility. In order to use the Site and Services, you must have reached the age of majority in your jurisdiction and have the necessary power and authority to enter into these Terms of Use.
2. User Account. When you first order merchandise offered by us at the Sites and Services, you may be required to create a username and password (collectively, “User Credentials”).  In creating your account, you must accurately provide all required information.  You are responsible for informing us of any changes to such information by updating your registration information. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts.  You may not share your User Credentials with any third party, and you are responsible for maintaining the confidentiality of your User Credentials.  You are fully responsible for all activities that occur through the use of your User Credentials.
3. Site Availability. We may modify, update, interrupt, suspend or discontinue the Sites or Services, or any portion of the Sites or Services, at any time in our sole discretion without notice.  The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
4. Limited License. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial or any other non-personal purpose the Sites or Services or any content contained or made available via the Sites without our express written consent. The foregoing license granted by us shall automatically terminate if you do not comply with these Terms of Use.
5. Posting Content to the Sites and Services. Except as expressly stated in our Privacy Policy, by posting, uploading or submitting any content to the Sites and Services, you grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, publicly display, publicly perform, create derivative works from and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.  You agree this license includes permission for us to make such content available to other users of the Sites and Services who may access, view, store, or reproduce the content for their personal use.  You are solely liable for any content you submit or upload to the Sites and Services and by posting, uploading or submitting any content to the Sites or Services you represent and warrant that: (i) you own such content or have the right to use it and grant us the rights and license as provided in these Terms of Use, and (ii) the posting, uploading or submitting of such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You may not post, upload or submit anything to the Sites or Services that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law. 
6. Termination of Account.We reserve the right, in our sole discretion, to determine whether your use of the Sites and Services is consistent with these Terms of Use.  We, in our sole discretion, may suspend, restrict or terminate your use of the Sites or Services at any time 

Restrictions on Use

In connection with your use of the Sites and Services, you represent and warrant to us that you:

(a)       At least age in line with the law;

(b)        will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;

(c)        will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;

(d)        will not attempt to gain unauthorized access to the Sites or Services, the accounts of other users of the Sites or Services, or other computer systems or networks connected to the Sites or Services;

(e)        will not use the Sites or Services in any way that could interfere with our rights or the rights of other users;

(f)        will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;

(g)        will not post any defamatory, illegal, infringing or misappropriated content to the Sites or Services; and

(h)        will abide by all applicable laws.

Notice and Communications

You agree that we may communicate with you under these Terms of Use through email, regular mail or by posting any notices on the Sites or Services.  You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Sites or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third Parties

The Sites and Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site and provide these links as a convenience only.  You agree that your use of a Third Party Site is at your own risk and that we are not responsible for the availability or contents of any Third Party Site and in no event shall we, our parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Sites or Services, even if informed of the possibility of such damages.

Intellectual Property

All content and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software are the exclusive property of NDA or its licensors and are protected by United States and international copyright laws.

The trademarks, service marks, logos, graphics page headers, button icons, scripts, and service names (the “Trademarks”) included in or made available through the Sites or Services are, unless otherwise identified, trademarks or trade dress of NDA or one of its related entities in the U.S. and other countries.  Our Trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.  All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  Product names used on the Sites and Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Trademark included in or made available through the Sites and Services.

No Warranty

THE SITES, SERVICES AND ALL INFORMATION ON OR FROM THE SITES AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED.  YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:

             Email: service@puainta.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that must include the following:

(a)        a physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

(b)        a description of the copyrighted work that is claimed to have been infringed;

(c)        a description of where the allegedly infringing material is located on the Sites or Services;

(d)        your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;

(e)        a statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)        a statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Governing Law

These Terms of Use and the relationship between you and us, including but not limited to claims relating to the Sites and Services will be governed by the laws of UK, without regard to conflict of law provisions.  You agree and consent to the exclusive jurisdiction of the state or federal courts located in the City of Charlotte, State of North Carolina and County of Mecklenburg and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

Severability

These Terms of Use are severable.  If any provision contained in these Terms of Use is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.    

Entire Agreement

These Terms of Use incorporate by reference any terms or notices contained on the Sites and Services, including but not limited to the Privacy Policy and the Terms of Sale, and contain the entire agreement between you and us regarding the use of the Sites and Services, and the ordering of products through the Sites and Services, and supersede any prior agreement, whether written or oral, between you and us regarding the subject matter contained in these Terms of Use.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Natural Dog Company (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Natural Dog Company and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of dog products including but not limited to balms, supplements, food additives, grooming products, treats.Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at service@puaintapets.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution:If a dispute or claim arises between you and us. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Charlotte, North Carolina before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Puainta Pets principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law:We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.