Terms and Conditions
This website is provided to you by Happy Paws Pet Wellness, LLC, d/b/a 360 Pet Nutrition and its respective parent companies, subsidiaries, affiliates, and licensors (collectively, “us”, “our”, “we”) subject to the following Terms and Conditions.
By accessing or using this website, you hereby agree to be bound by these Terms and Conditions.
Please also visit our Privacy Policy page by clicking here. Our Privacy Policy is incorporated into these Terms and Conditions and, by using this website, you also agree to the terms of our Privacy Policy.
1. Intellectual Property and Trademark Rights. This website and all of its contents including but not limited to articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, trademarks and tradenames (collectively, the “Website IP”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Website IP is owned or controlled by us or is used under license by third parties. You may not use, publish, reproduce, modify display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, upload, transmit or modify, in full or in part, any of the Website IP, for any purpose.
2. Your Representations and Warranties. You represent and warrant that (i) you are above the legal age of majority in your jurisdiction of residence; and (ii) you have capacity and authority to enter into these Terms and Conditions.
3. Indemnification. By using our website, you agree to defend, indemnify, and hold us and our Related Parties (defined below) harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorneys’ fees and expenses, arising from or in connection with your use of this website in violation of these Terms and Conditions, including, but not limited to, your infringement of any of the IP. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
4. DISCLAIMER. HAPPY PAWS PET WELLNESS, LLC, AND OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS AND THE LIKE, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, “OUR RELATED PARTIES”) PROVIDE THE WEBSITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, FEATURES OR LINKS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
5. LIMITATION OF LIABILITY. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR OUR RELATED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE, ITS CONTENT OR ANY OTHER FEATURE OR LINK PROVIDED ON THIS WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED PARTIES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT CONTAINED ON THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR YOUR INTERACTION WITH ANY CONTENT, FEATURE OR LINK PROVIDED ON THIS WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. DO NOT ATTEMPT AT HOME.
6. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
7. Jurisdiction; Arbitration. This website is governed by the laws of the State of California and the United States of America. Any and all disputes or controversies between them related to this Agreement, shall be resolved exclusively by confidential binding arbitration pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, and the arbitration shall be conducted in Los Angeles, California. The arbitration shall be conducted before a single neutral arbitrator with at least ten (10) years of experience who shall be mutually agreed upon by the parties to the dispute or, if the parties are unable to agree upon the choice of the arbitrator, then the arbitrator shall be selected by JAMS in accordance with the foregoing rules. Each party consents to the jurisdiction of the federal courts located in the state of California, county of Los Angeles, to confirm and enforce any arbitration award. The decision in writing of the arbitrator, when delivered to the parties, shall be final and binding on the parties. The fees and costs of the dispute resolution shall be borne equally (50%) by each of the parties; provided, that the reasonable attorney’s fees and costs associated with the arbitration shall be awarded to the prevailing party. The parties hereby irrevocably waive any and all right to trial by court or by jury, as well as the ability to challenge Los Angeles, California as the appropriate venue.
8. Miscellaneous. Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth herein. We reserve the right to update or modify these Terms and Conditions at any time; by using the website, you agree to be bound by the Terms and Conditions posted on the website at the time of your access. These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of these Terms and Conditions will otherwise remain in full force and effect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any of our rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions.
Effective date: 4/2/20