TERMS OF SERVICE

Hello and welcome to Pawsomely Healthy (website: www.pawsomelyhealthy.com “Website”)

Please take a minute to review the following Terms of Service carefully, as by accessing and using this website you are agreeing to these terms and conditions and all applicable laws.

We encourage you to go through our Privacy Policy which also governs your visit to the website, so that you may understand our privacy practices. Kindly note that Pawsomely Healthy may change or modify our Terms of Service at any time without notice, so check this page regularly. Your continued use of the Website means that you accept the changes posted and you agree to be legally bound by any such revisions.

SUBSCRIPTION

You acknowledge and agree that by completing a questionnaire on the Website (“Questionnaire”), registering for an account (“Account”) and ordering the supplements, you are signing up for a subscription service with us (“Subscription”). You agree to pay all applicable Subscription fees made known to you when you place your first order (“Subscription Fees”). We may use a third- party payment vendor (“Third-Party Payment Vendor”) to process your payment of Subscription Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third-Party Payment Vendor, and that all information you provide is accurate.

It is important to note that when you sign up for Subscription, it will automatically renew until you cancel or postpone it. You may cancel or postpone at any time by notifying us in writing no later than 2 (two) weeks before your next package is shipped, and the postponement/cancellation will take effect from/for the following month. Before the end of each month, we will send you a reminder e-mail informing you that your next package is ready to ship. Again, if you do not cancel, then your next box will ship and applicable Subscription Fees will be charged to your credit card on the day of shipment.

Your right to use the Subscription is conditional upon our receipt of payment of Subscription Fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

POLICIES RELATED TO SUBSCRIPTION AND PURCHASES

The products and services available on the Website or any sample we may provide are for personal use only. You may not sell or re-sell any of the products, services or samples you buy or receive from us

Pawsomely Healthy may make changes to any products or services offered through the Website, or to the prices for any such products or services, at any time, without notice.

Also, please note that Pawsomely Healthy is not responsible for any and all losses, whether direct or indirect, exceeding the price of the products purchased.

Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent. When you create the Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

RETURN POLICY

Certain unopened products may be returned to Pawsomely Healthy for credit if they are returned within 14 days of the original sale. If returning merchandise, you are required to pay all shipping charges to Pawsomely Healthy plus a $5.00 handling and destruction fee. All returns must be pre-approved by Pawsomely Healthy before return documents and credit can be issued. Please contact our Customer Service Team at [email protected] for all questions and concerns regarding returns and refunds.

For returns made within 14 days of the initial shipment date, we will issue you a refund in the form of your original payment method. Exceptions: if product has been opened, used or damage

Please allow 3-5 business days from merchandise receipt for your return to be processed. You will receive an email confirmation. Please allow up to 10 business days for your account balance to reflect the refund. This time frame varies by bank.

For Your Protection

Please send your return via carriers who offer package tracking such as FedEx or UPS (be sure to retain your tracking receipt for future reference). Pawsomely Healthy is not responsible for lost shipments. Shipping charges are non-refundable.

INFORMATION ACCURACY

While we use reasonable efforts to include accurate and up-to-date information on our Website, we make no warranties or representations as to its accuracy. In the event of an error or other content related issues, Pawsomely Healthy reserves the right to do any of the following without prior notice: (a) suspend, terminate or modify the access to or operations of the Website (b) change or modify the Website or any portion of it or the products or its programs (c) interrupt the functions or features of the Website for maintenance or other changes.

FDA LEGAL DISCLAIMER

The product statements on this Website have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Please consult with a veterinarian or other animal health provider regarding any medical or health related questions or concerns you may have prior to use of our products.

You should also not use the information or services on this Website to diagnose or treat any health issues including but not limited to regulated diet plans, or other treatments.

NO PROFESSIONAL OR MEDICAL ADVICE

The content of this Website is for informational purposes only and is not intended as substitute for professional medical advice, diagnosis, or treatment. You should always consult a veterinarian or other qualified animal health provider before starting any supplementation program. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on our Website.

USE OF WEBSITE – PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use, or to sign up for a Subscription with Pawsomely Healthy, or to make a one-time purchase of the Pawsomely Healthy products. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without prior written permission of Pawsomely Healthy is strictly prohibited.

SUBMISSIONS AND CUSTOMER FEEDBACK

Except for any personally identifiable information discussed in the Privacy Policy, all customer feedback or other information provided by you to us through electronic mail or otherwise, shall be considered the property of Pawsomely Healthy and shall be treated as non-proprietary and non-confidential. This includes all customer communication, testimonials and contact information. By releasing this information to us, you are hereby giving Pawsomely Healthy the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Pawsomely Healthy.

REPOSTING OF YOUR SOCIAL MEDIA CONTENT

From time to time, Pawsomely Healthy social media accounts (including Instagram, Twitter, Facebook, and Pinterest) repost a consumer’s photos, experiences, or stories from their personal social media account. We will never repost your personal social media content (“User Generated Content”) without first obtaining your express written permission.

By agreeing to allow Pawsomely Healthy to use your UGC, you represent and warrant that you · (i) own all rights to the UGC and have the right to grant Pawsomely Healthy a license to use the UGC (including any material embodied in the UGC); (ii) have express permission from any person, living or dead, in the UGC to use their likeness; (iii) the UGC does not contravene or infringe on anyone else’s copyright or other intellectual property, moral rights, privacy or publicity rights; and (iv) the UGC does not in any way violate any law, or the applicable social media platform’s terms of use, privacy policy, or other applicable rules or conditions.

Further, by agreeing to allow Pawsomely Healthy to use your UGC, you agree to grant Pawsomely Healthy an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.

You hereby release, discharge and agree to hold Pawsomely Healthy and any person acting on behalf of Pawsomely Healthy harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.

THIRD-PARTY LINKS

In an effort to provide increased value to our visitors, this Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. Pawsomely Healthy has no control over these external sites, all of which have separate privacy and data collection practices, independent of Pawsomely Healthy. We assume no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. Please review the Terms and Conditions and Privacy Policy of third-party sites that you visit.

Creating any link from another site to any page on this Website without our prior written permission is strictly prohibited. Permitted links to this Website must comply with applicable laws, rules and regulations.

COUPONS

Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share the Company coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases. 

DISPUTES

With respect to any dispute (“Dispute”) regarding the Website, all rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of the state of Florida, as if the Terms of Service were a contract wholly entered into and wholly performed within the state of Florida.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

INDEMNIFICATION

You agree to defend, indemnify and hold Pawsomely Healthy and its officers, directors, employees, successors, licensees and assigns harmless for any loss, damages, or costs, including, without limitation, reasonable legal and accounting fees, arising or resulting from any third-party claim, action or demands resulting from (i) your breach of these Terms of Service and Privacy Policys ; (ii) your misuse of the Website, its Content, or the Services,

GENERAL DISCLAIMER

The Website, the Products, the Content, the Customer Content, and the Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, any warranties arising from a course of dealing, course of performance, or usage of trade.

In connection with any warranty, contract, or common law tort claims, Pawsomely Healthy, its officers, directors, employees, shareholders, affiliates, agents, successors or assigns shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Services, or the Content, even if we have been advised of the possibility of such damages, inaccuracies or omissions in Content, and events beyond out reasonable control.

Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.