Terms and conditions
Effective Date: April 8th, 2022
Welcome to the PetPlate, Inc. (“PetPlate”) website at https://www.petplate.com (the “Site”). These Terms and Conditions of Service (this “Agreement”) apply to those who visit and use the Site (such users, collectively or individually “Users”) and to all services provided by PetPlate in connection with the Site (such services together with the Site, the “Services”) including without limitation our subscription dog food service.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES IN SECTION 25 THAT YOU AND PETPLATE WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT OR HAVING A JURY TRIAL AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST PETPLATE, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
BEFORE VIEWING OR BROWSING THE SITE OR USING THE SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. BY COMPLETING A PURCHASE ON PETPLATE.COM YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THIS AGREEMENT CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS AGREEMENT, THEN DO NOT COMPLETE A PURCHASE.
Note for Children. Use of the Site by anyone under the age of 13 is prohibited. By using the Site, you represent and warrant that you are at least 13 years of age. Additionally, the Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. We cannot prevent minors from visiting the Site and must rely upon parents, guardians, and others responsible for supervising children to decide what access is appropriate for such children.
3. Individual features and services
We may make modifications, deletions, and/or additions to this Agreement (“Changes”) at any time. Changes that directly affect your orders or subscription Services will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. All other Changes are effective as of the date posted.
5. Registration and membership; product sales
6. Monthly delivery
As a subscribed PetPlate member, at the intervals specified in your selected subscription plan, we will ship you a package with the meals specified in your selected subscription plan (“Products”). BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEE APPLICABLE TO YOUR SUBSCRIPTION PLAN.
7. Billing and payments
Autorenew. The price of the Services and/or Products is payable in full before delivery. When you first sign up for a subscription to a PetPlate subscription plan (a “Plan”), you are charged only for the first delivery of the Plan at the time of your Plan selection. All Plans are continuous AUTORENEWING subscription plans, and you will be charged the applicable price listed for the Plan that you select on a weekly, biweekly (every two weeks), or monthly basis, based on your plan until your subscription is canceled. If you wish to pause, cancel or modify your subscription to a Plan, you can do so at any time as described in Section 7(d); however, except as noted otherwise below, any amounts charged to or paid by you prior to such pause or cancellation will not be refunded, and pauses or cancellations may not impact any order for which you have already been charged, depending on the state of the order. You authorize us to continue billing the credit card on file weekly during the term of your subscription plan until and unless the subscription plan ends or is paused or canceled in accordance with the foregoing guidelines and policies. It is your responsibility to keep your payment method up-to-date, as well as to cancel your membership as described in the password-protected member account management area should you wish to discontinue your weekly purchase of Products.
Changes to plans. We may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with this Agreement. Price and Plan changes will take effect as of the next billing period following the date on which we provided notice to you of the price or Plan change. By continuing to use PetPlate after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully. Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third-party payment provider, or a Payment Processor, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Plans, except for Sales Taxes as described herein or as required by applicable law.
PAUSE/CANCEL A SUBSCRIPTION. FOLLOWING YOUR PLAN SELECTION AND PLACEMENT AND RECEIPT OF YOUR FIRST WEEKLY ORDER, YOU MAY PAUSE OR CANCEL A SUBSCRIPTION TO A PLAN AT ANY TIME ONLINE BY MANAGING YOUR ACCOUNT AT ON THE SITE, OR BY EMAILING US AT PETCARE@PETPLATE.COM PLEASE NOTE, HOWEVER, THAT ANY AMOUNTS CHARGED TO OR PAID BY YOU PRIOR TO SUCH PAUSE OR CANCELLATION WILL NOT BE REFUNDED, AND A PAUSE OR CANCELLATION MAY NOT IMPACT ANY ACTIVE ORDER FOR WHICH YOU HAVE ALREADY BEEN CHARGED, DEPENDING ON THE STATUS OF THE ORDER. ADDITIONAL GUIDELINES AND POLICIES FOR PAUSING OR CANCELLATION OF THE SERVICES AVAILABLE IN THE PASSWORD-PROTECTED MEMBER ACCOUNT MANAGEMENT AREA AT HTTP://WWW.PETPLATE.COM/LOGIN TO AVOID BEING CHARGED FOR PLACED ORDERS THAT YOU NO LONGER WISH TO RECEIVE IN THE EVENT OF A SUBSCRIPTION PAUSE, YOU MUST PAUSE PRIOR TO THE DATE WHEN YOU ARE TO BE CHARGED FOR YOUR NEXT ORDER, WHICH IS EMAILED TO YOU AT LEAST 24 HOURS PRIOR TO THE CARD BEING CHARGED. THE CHARGE IS TYPICALLY 4-5 DAYS BEFORE YOUR EXPECTED DELIVERY, DEPENDING ON YOUR SPECIFIED DEADLINE, BUT CAN VARY DEPENDING ON SHIPPING LENGTH AND OTHER FACTORS. IF YOU CANCEL A SUBSCRIPTION TO A PLAN BEFORE RECEIVING YOUR FIRST ORDER, YOUR FIRST ORDER MAY OR MAY NOT BE CANCELED AND RELATED AMOUNTS PAID MAY OR MAY NOT BE REFUNDED TO YOU, DEPENDING ON FACTORS INCLUDING THE STATE OF YOUR ORDERS IN OUR PRODUCTION PROCESS, AND ANY PROMOTIONS APPLIED. YOU WILL BE NOTIFIED IF ANY OF YOUR CHARGED ORDERS WILL BE CANCELED AND REFUNDED, OR IF YOU WILL STILL RECEIVE THE ORDER AFTER CANCELLATION.
8. Shipping and risk of loss; taxes
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. You must notify PetPlate within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped Products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered Products may result in the cancellation of your membership. You may be charged, and are solely responsible for, applicable local and state sales tax, if applicable.
9. Returns and exchanges
As the Products are perishable food items, Products may not be returned or exchanged. If you have concerns or problems with the Products you receive, please contact us at email@example.com and we will attempt to resolve the issue. PetPlate shall not issue any refunds for the Products or Services except at its sole discretion.
10. International access
The Site may be accessed from countries other than the United States. However, the Products and Services are only available for sale within the United States and U.S. territories. If you access and use this Site outside the United States you do so at your own risk and are responsible for complying with your local laws and regulations. We reserve the right to discontinue the Site or Services or to limit the availability of the Site and/or the provision of our Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms; (b) you create risk or possible legal exposure for us; or (c) our provision of the Site or Services to you is no longer commercially viable. Any offer for any feature, product, or service made on the Site or via the Services is void where prohibited.
11. Errors, inaccuracies, and omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Any reliance on any content found on the Site or via the Services is at your own risk, and you assume any and all risks associated with your decisions.
12. Ownership; proprietary rights
The Services are owned and operated by PetPlate. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Services that are provided by PetPlate (“PetPlate Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All PetPlate Materials contained on the Site are the copyrighted property of PetPlate or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PetPlate or its affiliates and/or third-party licensors. Except as expressly authorized by PetPlate, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the PetPlate Materials.
13. Third party sites
The Services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that PetPlate is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
14. Third party services
The Services may include features, content, or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between PetPlate and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which PetPlate does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. PetPlate shall have no liability with respect to any such modification, suspension or termination, and disclaims all liability arising from or relating to the content provided by Third-Party Services. You are responsible for ensuring that your use of the Services in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
15. Prohibited uses
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Any use of any of the PetPlate Materials other than for private, non-commercial use is strictly prohibited.
Access to the PetPlate Materials or the Services from territories where their contents are illegal is strictly prohibited. PetPlate Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Services. You may not intentionally interfere with or damage the operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services. You may not attempt to gain unauthorized access to the Services, or any part of them, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
You may not utilize framing techniques to enclose any trademark, logo, or other PetPlate Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing PetPlate’s name or trademarks without our express written consent.
You may not deep-link to the Services and will promptly remove any links that PetPlate finds objectionable in its sole discretion. You may not use any PetPlate logos, graphics, or trademarks as part of the link without our express written consent.
You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
17. User communications
18. Ownership of feedback
PetPlate alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any reviews, comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, “Feedback”). You are not required to provide any Feedback to PetPlate. To the extent you do provide any Feedback to PetPlate, you agree to assign and hereby do assign to PetPlate all right, title and interest in and to such Feedback and agree that PetPlate may freely utilize such Feedback without compensation to you.
19. Availability of services
PetPlate may make changes to or discontinue any of the media, contests, products, or services available within the Services at any time, and without notice. The media, products, or services on the Services may be out of date, and PetPlate makes no commitment to update these materials on the Services. Use of the Site and Services require an internet connection and may result in charges from your cellular or internet service provider(s). PetPlate is not responsible for any such charges. PetPlate is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of PetPlate’s direct control. PetPlate IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
Except as explicitly stated otherwise, legal notices shall be served on PetPlate’s national registered agent or to the email address you provide to PetPlate during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
21. Violations; termination
PetPlate respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Site or Services if you infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Site or Services. Without limiting any other language in this Agreement, you acknowledge and agree that the Site, Services, and PetPlate Materials are protected by copyright laws, trademark laws, other laws of the United States, and laws of other countries. Without limiting any other language in this Agreement, you acknowledge and agree that the Site, Services, and PetPlate Materials, which includes all associated proprietary rights, are the exclusive property of PetPlate and/or our licensors. You further acknowledge and agree that all trademarks appearing on the Site, Services, and PetPlate Materials are owned by us or the third party that provides it. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices incorporated in or accompanying the Site, Services, or PetPlate Materials.
We do not condone copyright infringement or any other infringement of proprietary rights on our Site or Services, and will remove allegedly infringing content of any type if properly notified of the infringement. If you are a copyright owner or other proprietary rights owner and believe that any content infringes your work, you may submit a notification to PetPlate’s Designated Copyright Agent at: PetPlate, Inc., located at PetPlate, 1412 Broadway, 21st Floor, New York, NY 10018, email: firstname.lastname@example.org, +1 (855) 981-6109, with the following information in writing (see Digital Millennium Copyright Act [DMCA] 17 U.S.C 512(c)(3) for further information):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above notice should be sent to PetPlate using the contact information listed herein.
22. Disclaimers; no warranties
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR INTERACTIONS WITH ANY MEDICATIONS. THE SERVICES AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PetPlate, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.PetPlate, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.PetPlate, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PetPlate NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For clarity, no advice or information, whether oral or written, obtained from us, the Site, the Services, or the PetPlate Materials will create any warranty not expressly made herein.
You acknowledge and agree that your access to and use of the Site, Services, and PetPlate Materials is dependent upon access to telecommunication services and internet services. You shall be solely responsible for acquiring and maintaining all telecommunication services, internet services, and other hardware and software required to access and use the Site, Services, and PetPlate Materials.
You agree that your access to and use of the Site or PetPlate Materials and your purchase of Services on or through the Site are at your sole risk, whether known or unknown to you.
23. Indemnification; hold harmless
You agree to indemnify and hold PetPlate, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. PetPlate reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
24. Limitation of liability and damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PetPlate OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE PetPlate MATERIALS ON THE SERVICES, THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH PetPlate, EVEN IF PetPlate OR A PetPlate AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PetPlate’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.IN NO EVENT SHALL PetPlate’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE FEES ACTUALLY PAID BY YOU TO PetPlate IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM.THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN PetPlate AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICES.
Agreement to Arbitrate. This Section 25 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and PetPlate arising out of, relating to, or resulting from this Agreement (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims), shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 23. You may visit http://www.adr.org or call 1-800-778-7879 for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Pet Plate. Pet Plate agrees that it will pay a consumer’s filing fee FOR the arbitration.
Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Pet Plate may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 24.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 24.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
26. Money-back guarantee policy
If you are not satisfied with our products after 7 days of feeding, please contact us at email@example.com. Between the 7th and 30th day of feeding, we will provide a refund of the cost of your first order in that product category, less any shipping charges that have been paid. Refunds are limited to one (1) order per product category. Subscribers are eligible for up to one (1) refund per product category per subscription per dog.
27. SMS service
SMS Service. PetPlate, from time to time, offers a SMS / text messaging information and marketing program (the “SMS Service”) provided directly or via its providers of Third-Party Services. This SMS Service is an account information and marketing program that sends its users updates on account activity, as well as, but not limited to, product information, service updates, reminders, special deals, insider news, tips, brand specific communications, and promotions. This information is delivered directly to users’ mobile phones, via SMS and/or MMS.
Agreement. By opting into the SMS Service, you agree to the terms of this Agreement, as amended from time to time. Before opting into the SMS Service, please read this Agreement carefully. Your access to, and use of, the SMS Service represents your acceptance of this Agreement. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE, OR USE THE SMS SERVICE.
Modifications. PetPlate reserves the right to modify these SMS Service terms by posting new versions on this website as well as the right to provide additional notices of significant changes. Your continued use of the SMS Service following such changes constitutes your acceptance of those changes.
Requirements. To take advantage of the SMS Service, you must have a text messaging-enabled mobile device with a text messaging plan. By providing PetPlate with your mobile phone number and opting into its SMS Service you are expressly agreeing that PetPlate or its providers of Third-Party Services may send text messages (including SMS and MMS) to that phone number. You acknowledge that you are thirteen years of age or older and you have the consent of the wireless account holder. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for the SMS Service. You agree to notify PetPlate of any changes to your mobile number and update your SMS Service subscription(s) with PetPlate to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.
Costs. This text messaging marketing program is free from PetPlate, but message and data rates apply. You do not have to sign up for this SMS Service in order to make any purchases with us, and your consent is not a condition of any purchase from PetPlate. Your participation in our SMS Service is completely voluntary.
Carriers Supported. The SMS Service text messaging marketing program works with all major U.S. carrier and a host of other smaller regional carriers. Carriers are not responsible for delayed or undelivered messages.
Frequency. PetPlate or its providers of Third-Party Services may send multiple mobile messages per week. The number of messages you receive will depend on your activity and steps taken to opt-in. Texts may be sent through an automatic telephone dialing system. If you signed up by texting a signup keyword or shortcode, you will receive confirmation text messages, and you may need to reply as instructed to complete registration or make any changes. Message and data rates apply.
Stop/Help. Reply STOP to cancel, HELP for help. You may opt out at any time by texting the word STOP to the shortcode used for signup. If you opt-out, you agree to receive a final text message confirming your opt-out. For help, send a text message with the keyword HELP to the shortcode used for signup. Note: the trigger words are not case sensitive. Alternatively, you can opt-out of receiving texts from PetPlate by contacting us at +1 (855) 981-6109 or by emailing us at firstname.lastname@example.org.
Privacy. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
28. Loyalty program
Effective April 6th 2023
PetPlate reserves the right to change the program, modify points and point value, discontinue, or cancel the PetPerk Loyalty Club or any part of the PetPerks Loyalty Club, at any time and in its sole discretion, without notice to you.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Services that is not subject to arbitration under Section 25 shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pet Plate without restriction.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Pet Plate as set forth in Section 3 above.
Claims. YOU AND Pet Plate AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notice. Any notices or other communications permitted or required hereunder, must be in writing. Except as explicitly stated otherwise, legal notices shall be served by a user on PetPlate’s national registered agent, or by PetPlate to the email address you provide to us during any account registration process. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Services. In such case, notice shall be deemed given three (3) days after the date of mailing.
Contact. The Site is operated by PetPlate, Inc., located at PetPlate, 1412 Broadway, 21st Floor, New York, NY 10018, email: email@example.com, phone: +1 (855) 981-6109.
Disclosures. The Site is operated by PetPlate, Inc., located at Pet Plate, 1412 Broadway, 21st Floor, New York, NY 10018, email: firstname.lastname@example.org. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.