Terms of Service

Terms of Service last updated： May 1, 2022

These Terms of Service, along with any separate agreements under which we provide you with services, are governed by and shall be interpreted in accordance with the laws of Tennessee, United States.

These Terms of Use ("Terms of Use") govern your use of all websites operated by Puainta Pets ("NDA," "we," "us," or "our"), including https://us.puainta.com/ (each referred to as a "Site" and collectively, the "Sites"), as well as all content, products, and services offered through the Sites (collectively, the "Services").

By accessing or using any of our Sites, browsing content, using our Services, or making a purchase through the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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 reserve the right to modify, update, or revise these Terms of Use at any time, at our sole discretion. When changes are made, we will post the updated version on the Sites or Services and update the "Last Updated" date. It is your responsibility to review these Terms regularly. Continued use of the Sites or Services after any changes are posted constitutes your acceptance of the revised Terms of Use.

Privacy

We take your privacy seriously. Our Privacy Policy outlines how we collect, use, and protect your personal information when you use our Sites or Services. . Please review the Privacy Policy to understand our practices. The Privacy Policy is located here.

Using the Sites and Services

1. Eligibility. To use the Site and Services, you must be at least the age of majority in your jurisdiction and have the legal authority to enter into these Terms of Use.
2. User Acount.When placing your first order through our Site or Services, you may be required to create an account with a username and password ("User Credentials"). You must provide accurate and complete information when creating your account, and you are responsible for keeping your registration details up to date. You may not impersonate another person, create an account on behalf of someone else, use another person’s email, or create multiple accounts. Your User Credentials must not be shared with any third party, and you are solely responsible for maintaining their confidentiality. You are fully accountable for any activity conducted using your User Credentials.
3. Site Availability.We reserve the right to modify, update, interrupt, suspend, or discontinue the Sites or Services, or any part of them, at any time and at our sole discretion, without prior notice. Use of the Sites and Services may be affected by limitations, delays, or other issues common to the use of the Internet and electronic communications. We are not responsible for any delays, failures, or damages resulting from such issues
4. Limited License. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Sites and Services for your personal, non-commercial use. You agree not to access, reproduce, duplicate, copy, sell, resell, or otherwise exploit the Sites, Services, or any content made available through them for any commercial or non-personal purpose without our express written permission. This license will automatically terminate if you fail to comply with any provision of these Terms of Use.

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 or Services, you grant us a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, adapt, sublicense, publish, translate, publicly display, publicly perform, create derivative works from, and distribute such content, or incorporate it into any form, medium, or technology now known or later developed, throughout the universe. You agree that this license includes our right to make the content available to other users of the Sites and Services, who may view, access, store, or reproduce it for their personal use. You are solely responsible for any content you submit or upload. By doing so, you represent and warrant that:

(i) you own the content or have the legal right to use it and to grant us the license outlined in these Terms of Use, and

(ii) the posting, uploading, or submission of such content does not infringe upon the rights of any person or entity, including privacy, publicity, copyright, contract, or other legal rights. You may not post, upload, or submit any content that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or otherwise in violation of any law.

1. Termination of Account. We reserve the right, at our sole discretion, to determine whether your use of the Sites and Services complies with these Terms of Use. Accordingly, we may suspend, restrict, or terminate your access to the Sites or Services at any time without prior notice.

Restrictions on Use

By using the Sites and Services, you represent and warrant that you will not:

(a)    Are at least the minimum age required by law to use the Sites and Services;

(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 via email, regular mail, or by posting notices on the Sites or Services. You consent to receive electronic communications from us, including emails, text messages, and notices or messages posted on the Sites or Services, and you may retain copies of these communications for your records. You further agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Third Parties

Our Sites and Services may contain links to third-party websites or applications ("Third-Party Sites") for your convenience. These links are provided solely as a resource, and we do not control, endorse, or assume responsibility for the content, availability, or practices of any Third-Party Site. Your use of such sites is entirely at your own risk. Under no circumstances shall we—nor our parent company, subsidiaries, affiliates, officers, directors, employees, agents, representatives, information providers, licensors, or their respective heirs and assigns—be held liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of or reliance on any Third-Party Site, even if we have been advised of the possibility of such damages.

Intellectual Property

All content and materials available on the Sites and Services, including but not limited to text, graphics, logos, icons, images, audio clips, downloadable files, and software, are the sole property of NDA or its licensors and are protected by applicable U.S. and international copyright laws.

All trademarks, service marks, logos, page headers, button icons, scripts, and service names (collectively, the "Trademarks") featured or provided through the Sites or Services are the registered or unregistered trademarks or trade dress of NDA or its affiliated entities in the United States and other countries, unless otherwise noted. These Trademarks may not be used in connection with any product or service not owned or endorsed by NDA, in a way that is likely to cause consumer confusion, or in any manner that disparages or discredits us. Any trademarks appearing on the Sites or Services that are not owned by NDA are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Product names mentioned on the Sites and Services are used strictly for identification purposes and may also be trademarks of their respective holders. No license or right, whether express or implied, is granted for the use of any Trademark displayed on the Sites or 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 OF 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 any claims relating to the Sites and Services, shall be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in the City of Charlotte, County of Mecklenburg, State of North Carolina, and you waive any defenses of lack of personal jurisdiction, improper venue, or inconvenient forum.

Severability

These Terms of Use are severable. If any provision in these Terms of Use is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The illegal, invalid, or unenforceable provision will be modified to the extent necessary to make it legal, valid, and enforceable to the maximum extent permitted by law.

Entire Agreement

These Terms of Use incorporate by reference any applicable terms or notices contained on the Sites and Services, including but not limited to the Privacy Policy and the Terms of Sale. Together, they constitute the entire agreement between you and us regarding your use of the Sites and Services and the purchase of products through them. These Terms supersede any prior agreements— whether written or oral—between you and us regarding the subject matter contained herein.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Natural Dog Company (referred to herein as "we," "us," or "our") offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (collectively, the "Agreement"). By opting in to or participating in any of our Programs, you acknowledge and agree to be bound by the terms of this Agreement, including, without limitation, your agreement to resolve any disputes with us through binding, individual arbitration as described in the "Dispute Resolution" section below. This Agreement applies solely to your participation in the Program and does not modify any other Terms and Conditions or Privacy Policy that may govern your relationship with us in other contexts.

1. User Opt-In: By affirmatively opting into the Program, whether through online forms, app-based enrollment, or any other method, you agree to be bound by this Agreement. The Program allows users to receive SMS and MMS marketing messages from us at the mobile number provided during opt-in. These messages may be sent using an automatic telephone dialing system ("ATDS" or "autodialer") or include prerecorded content. However, your consent to receive such messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary depending on your interactions with us.
2. User Opt-Out: If you no longer wish to participate in the Program or do not agree with this Agreement, you may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive from us. You may receive one final message confirming your opt-out request. You understand and agree that these keywords are the only valid and reasonable methods for unsubscribing. Our system may not recognize or respond to other variations, misspellings, or additional words added to the opt-out commands. As such, we, and our messaging service providers, are not responsible for any failure to unsubscribe due to improper opt-out attempts.Please note that requesting to unsubscribe through any method other than the listed keywords, such as texting different phrases or verbally asking an employee, is not considered a valid way to opt out.
3. Program Description: By joining the Program, users can expect to receive messages related to the marketing, promotion, payment, delivery, and sale of dog care products. These may include, but are not limited to balms, supplements, food additives, grooming products, and treats. Messages may also include checkout reminders and other promotional alerts.
4. Cost and Frequency: Message and data rates may apply. By joining the Program, you agree to receive messages from us on a recurring basis at our discretion. The frequency of messages—daily, weekly, or monthly—may vary. Additional messages may be sent depending 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. (If you need assistance with the Program, text "HELP" to the number you received the message from, or email us at service@puaintapets.com. Please note that mailing us is not considered a valid method of opting out. To stop receiving messages, you must follow the opt-out instructions provided above.)
6. MMS Disclosure: If your mobile device does not support MMS (Multimedia Messaging Service), the Program may send SMS (Short Message Service) messages instead, including any final or terminating messages.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis. It may not be available in all areas at all times and may cease to function due to changes in products, software, coverage, or other modifications made by your wireless carrier. We are not responsible for any delays or failures in the delivery of mobile messages associated with the Program. Message delivery is dependent on effective transmission by your wireless carrier or network provider and is beyond our control. Carriers are not liable for delayed or undelivered messages.
8. Participant Requirements: To participate, you must use your own wireless device capable of two-way messaging, subscribe to a participating wireless carrier, and have an active text messaging service. Not all mobile carriers support the necessary services to join the Program. Please check your device and service plan for compatibility and specific 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 are between the ages of thirteen (13) and eighteen (18), you must have permission from a parent or legal guardian to access or use the Platform. By using or engaging with the Platform, you affirm that you are either at least thirteen (13) years old and have parental or legal guardian consent if under eighteen (18), or of legal adult age in your jurisdiction. You further represent and warrant that your use of the Platform complies with all applicable laws and regulations in your jurisdiction.
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 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 ("HITECH 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 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 shall, to the fullest extent permitted by law, be resolved by binding arbitration in Charlotte, North Carolina, before a single arbitrator.

The parties agree to submit the dispute to binding arbitration under 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 where Puainta Pets’ principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after an arbitration demand is served on a party, the parties must jointly select an arbitrator with at least five years of experience in that role and knowledge of the subject matter of the dispute. If the parties fail to agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator who meets the same experience requirements.In the event of a dispute, the arbitrator shall determine the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties agree that the AAA’s rules governing Emergency Measures of Protection shall apply instead of seeking emergency injunctive relief from a court. The arbitrator’s decision shall be final and binding, and no party shall have rights of appeal except as provided in Section 10 of the FAA.Each party shall bear its own share of the fees for the arbitrator and the arbitration administration; however, the arbitrator may order one party to pay all or part of such fees as part of a reasoned decision. The arbitrator shall have 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 in 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 strive to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as they apply to Florida residents. For compliance purposes, you agree that we may assume you are a Florida resident if, at the time you opt in to the Program, (1) the shipping address you provide is located in Florida, or (2) the phone number you use to opt in has 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 will not claim to be a Florida resident, if you do not meet either of these criteria or, alternatively, if you do not provide us with written notice affirmatively stating that you are a Florida resident. If you are a Florida resident, you agree that mobile messages sent by us in direct response to your mobile messages or requests (including but not limited to responses to keywords, opt-in, help or stop requests, and shipping notifications) do not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" as defined under Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent those laws apply.
13. Miscellaneous:You warrant and represent to Us that you possess all necessary rights, power, and authority to agree to these Terms and fulfill your obligations hereunder, and that nothing in this Agreement or in the performance of your obligations will cause you to breach any other contract or obligation. The failure of either party to exercise any right under this Agreement shall not be considered a waiver of any other rights hereunder. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be limited or removed to the minimum extent necessary so that the remainder of the Agreement remains in full force and effect. Any new features, changes, updates, or improvements to the Program shall be governed by this Agreement unless explicitly stated otherwise in writing. We reserve the right to modify this Agreement from time to time and will communicate any updates to you. You acknowledge your responsibility to review this Agreement periodically and remain aware of any changes. Your continued participation in the Program after such changes constitutes your acceptance of the Agreement as modified.

Contact Puainta®:
Email: service@puainta.com
Email Reply Time: 9: 30am to 6: 30pm, From Monday to Friday.
We aim to respond to your inquiry within 48 business hours.

Flourishing Tnc
1103 KANSAS ST MEMPHIS, TN 38106 SHELBY COUNTY
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by
and construed in accordance with tho law of US

In the event of any concerns or complaints especially for possible violation of intellectual property rights, please send us an email at IPewhosebilling.com．