TERMS & CONDITIONS

Last Modified: October 1st, 2024

1.Introduction

These Terms and Conditions (“Terms” or “Agreement”) is an agreement between you (“you” and “your”) and Grateful Pups (“Grateful Pups,” “we,” “us,” or “our”) and it governs: (1) your access to and use of www.gratefulpups.com and any other website or application owned and operated by Grateful Pups where these Terms are posted, including any content, functionality, and services offered on or through those platforms (collectively, the “Sites”); and (2) your access to and use Grateful Pup's products and services (“Products”). The Sites and Products are collectively referred to here as the “Services”.

READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER PARAGRAPH 12 BELOW.

2. Acceptance

Please read these Terms carefully before you access and use the Services. BY ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do not want to agree to these Terms, you must (i) not access or use the Services or (ii) discontinue any access or use of the Services.

3. Eligibility

You must be, and hereby affirm that you are, an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. By engaging with our Sites or purchasing our Products, you represent that your parent or legal guardian consents to this Agreement. If you do not meet all of these requirements, you must not access or use the Services.

4. Changes

Grateful Pups reserves the right, in its sole discretion, to amend these Terms or modify any aspect of the Service, including any features, functionality or tools thereof, in whole or in part, at any time and without prior notice. All changes are effective immediately when we post them and apply to your access and use of the Services thereafter. No changes will apply retroactively as to any claims existing prior to the “last modified” date. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Sites and/or communicating said changes via e-mail or other communication channel.

5. Services

5.1. Limited Use Right. Subject to the prohibitions set forth below and your compliance with the Terms, Grateful Pups grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Services for your own personal or internal business use only, and not for resale or third-party distribution. In order to access certain Services, you must have internet access, otherwise you will not be able to use some or all of the Services.

5.2. Prohibited Uses. You may use the Service only for lawful purposes and in accordance with these Terms.

You agree not to use the Service:

To use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of the Services;
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate Grateful Pups, a Grateful Pups employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Grateful Pups or users of the Service, or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Service;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide applicable Services;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of the Service.

5.3. Website Linking. Without limiting the foregoing, you may link to our Sites, provided you do so in a way that is consistent with these Terms, fair, lawful, and does not damage our reputation. You may not establish a link to our Sites in such a manner so as to suggest any form of association, approval, or endorsement on our part without our express written consent.

6. Intellectual Property Ownership

6.1. Ownership. The Site, related content and applicable Services are (i) protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world and (ii) owned by us or our licensors. You acknowledge and agree that the Services, and all intellectual property rights therein, are the exclusive property of Grateful Pups and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Services, and you may not use the trade names, logos, and other trademarks and service marks associated with Grateful Pups without our prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Grateful Pups or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to Grateful Pups and its licensors.

6.2. Feedback. If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Services (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Grateful Pups. You hereby irrevocably transfer and assign to Grateful Pups all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.

7. Third Party Links and Services

Certain functionality of the Service may incorporate, use, or otherwise depend on services offered by third parties for certain functionalities, as well as provide links to or otherwise incorporate websites, content, resources, or goods/services offerings provided by third parties (collectively, “Third-Party Services”). If any event were to disrupt any functionality dependent on a Third-Party Service, the Service may similarly experience a disruption, and we shall not be responsible or liable for any such disruption. Links to Third-Party Services are provided for your convenience only. We have no control over the contents of Third-Party Services, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any of the Third-Party Services, you do so subject to the terms and conditions of the applicable Third-Party Services provider. Grateful Pups SHALL NOT HAVE AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH (AND YOU ACKNOWLEDGE AND ASSUME SOLE RESPONSIBILITY FOR ANY AND ALL RISK ARISING FROM), YOUR ENGAGEMENT WITH, DECISION TO PURCHASE, OR USE OF ANY THIRD-PARTY SERVICES, OR THE GOODS, CONTENT, PRODUCTS, ITEMS, SERVICES, OFFERINGS OR ASSETS AVAILABLE ON OR THROUGH SUCH THIRD-PARTY SERVICES.

8. Purchases

The Services may include the ability to purchase products from the Sites. Any product and service descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products or services through the Services does not imply or warrant that such products or services will be available. In the event a product or service available on or through the Services is listed at an incorrect price or with incorrect information, Grateful Pups will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, whether due to a typographical error or an error in information received from third parties. Your receipt of an electronic or other form of order confirmation neither signifies Grateful Pup's acceptance of your order, nor constitutes confirmation of Grateful Pup's offer to sell. Grateful Pups reserves the right at any time after receipt of your order to accept or decline your order for any reason. Grateful Pups may charge and withhold the applicable sales tax for orders. You are solely responsible for all sales or other taxes on orders shipped to you. If you wish to purchase any product made available through the Services, you may be asked to supply certain information relevant to such transaction including, without limitation, your credit card number, its expiration date and security code, the billing address, and any shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such credit card or payment information, you grant to Grateful Pups and its applicable payment processor the right to facilitate the completion of any transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. By placing an order, you represent that the products and services ordered will be used only in a lawful manner pursuant to any additional terms that may accompany them. Except as otherwise set forth herein, the risk of loss for and title to products or services purchased on the Service passes to you upon electronic transmission to the recipient or delivery to the carrier, as applicable.

9. Geographic Restrictions

The owner of the Site is based in the State of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, GRATEFUL PUPS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

11. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE GRATEFUL PUPS AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, GRATEFUL PUPS DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL GRATEFUL PUPS BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRATEFUL PUPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY AND ALL CLAIMS OF DIRECT DAMAGES IN CONNECTION WITH THESE TERMS, THE PARTIES AGREE THAT GRATEFUL PUP’S LIABILITY SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10). NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME JURISDICTIONS FURTHER DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Grateful Pups, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, use of any Third-Party Apps and Services, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

13. Dispute Resolution and Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles. All disputes, claims, controversies and matters relating to or in connection with the Terms (or the breach thereof) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to Grateful Pups at Woodstock, New York (lisa@gratefulpups.com) within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; and (3) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

14. Miscellaneous

These Terms constitute the entire and exclusive understanding and agreement between you and Grateful Pups regarding your access to and use of the Services and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Grateful Pups and regarding the subject matter hereof. You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination. Our failure to exercise any right or enforce any obligation under the Terms or take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Services or requests to receive further information regarding use of the Services may be sent to info@gratefulpups.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

If you have any questions or concerns, please contact Grateful Pups at info@gratefulpups.com

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