Terms & Conditions

 Effective as of September 25, 2022 By clicking "complete purchase" and entering or otherwise using our website or mobile application (the "Site"), you agree to and accept these terms and conditions. THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH PURPOSE PAWTY, LLC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED ("PURPOSE PAWTY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

OVERVIEW

● Privacy Policy

● Electronic Communications

● Order Acceptance

● Risk of Loss

● Product Descriptions

● Permissible Uses of Site

● Intellectual Property Rights

● Limitations Regarding Information, Articles and Advice

● User Content

● Acceptable Use Policy

● Third Party Sites and Other Users

● Disclaimer of Warranties

● Limitation on Liability

● Indemnity

● Dispute Resolution and Arbitration Agreement

● General

● Contact Us Privacy Policy

Please review our Privacy Policy, which also governs your use of our Site and is incorporated here by reference, to understand our practices.

Electronic Communications

When you use our Site, or send emails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Purpose Pawty reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Purpose Pawty reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Purpose Pawty reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Purpose Pawty's sole discretion.

Risk of Loss

All items purchased from PurposePawty.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Purpose Pawty attempts to be as accurate as possible. However, Purpose Pawty does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered by Purpose Pawty is not as described, your sole remedy is to return the product.

Permissible Uses of Site

Subject to the terms of this Agreement, Purpose Pawty grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Purpose Pawty may terminate this license at any time for any reason. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products, or its content without the express written consent of Purpose Pawty; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy, or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without Purpose Pawty's express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Purpose Pawty's express written consent. Purpose Pawty reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Purpose Pawty will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned and used by Purpose Pawty, including but not limited to, Purpose Pawty and the Purpose Pawty design logo, are registered to and/or otherwise protected by Purpose Pawty under United States, intellectual property laws (collectively, the "Purpose Pawty Marks"). Any use of the Purpose Pawty Marks without the prior written permission of Purpose Pawty is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the Purpose Pawty Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Purpose Pawty. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED. Purpose Pawty uses a network of independent product and content suppliers, distributors, and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs, and company names or logos associated with these products and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.

Limitations Regarding Information, Articles and Advice

Purpose Pawty offers information, articles, and advice to pet parents through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat, or cure you or your pet and is not a substitute for counseling sessions or veterinary care provided by a licensed counselor or veterinarian. For any medical, health, or mental health related advice concerning the care and treatment of you or your pet contact your regular veterinarian, counselor, or local animal hospital.

User Content

"User Content" of the Site user means any and all information and content that such user submits to Purpose Pawty by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Purpose Pawty. Because you alone are responsible for your User Content (and not Purpose Pawty), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Purpose Pawty is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Purpose Pawty may delete User Content at any time. By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to Purpose Pawty an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Purpose Pawty social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content. Purpose Pawty will treat any feedback, communications, or suggestions you provide to Purpose Pawty as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Purpose Pawty to the contrary, you agree that you will not submit to Purpose Pawty any information or ideas that you consider to be confidential or proprietary.

Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site. We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Purpose Pawty Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Purpose Pawty Account username and password, IP address and traffic information, usage history, and your User Content.

Third Party Sites and Other Users

The Site may contain links to, or advertisements for, third party websites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of Purpose Pawty and Purpose Pawty is not responsible for any Third Party Sites. Purpose Pawty provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site. Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such users. You agree that Purpose Pawty will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

Disclaimer of Warranties

Purpose Pawty intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE.” You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER Purpose Pawty NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, Purpose Pawty EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT SHALL Purpose Pawty, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH Purpose Pawty, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH Purpose Pawty OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID Purpose Pawty IN THE PRIOR 12 MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OR IT IS OTHERWISE WAIVED AND TIME-BARRED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You agree to indemnify and hold Purpose Pawty, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Purpose Pawty reserves the right, at your 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. You agree not to settle any matter without the prior written consent of Purpose Pawty. Purpose Pawty will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Dispute Resolution and Arbitration Agreement

The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court (as set forth below), any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved in binding individual arbitration if it cannot be resolved informally consistent with the mandatory procedures set forth below. Dispute shall have the broadest possible meaning and include claims that arose before this or any prior Agreement and claims that might arise after the termination of this Agreement. This Dispute Resolution and Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”). A party shall retain the right to have a Dispute heard in small claims court (at any time prior to the appointment of an arbitrator) assuming the claim(s) falls within the jurisdictional limits of small claims court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction. This Dispute Resolution and Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

(a) Arbitration Process.

To initiate arbitration, you or we shall follow the applicable rules of the arbitration administrator. You will also provide a written certification of compliance with the informal dispute resolution process referenced above. You and we agree that the American Arbitration Association (“AAA”) shall be the administrator of any arbitration in accordance with its Consumer Arbitration Rules (“AAA Rules”) as modified by this Agreement. Should AAA be unable or unwilling to administer the arbitration consistent with this Agreement, then you and we agree that National Arbitration and Mediation (“NAM”) shall be the administrator of any arbitration in accordance with its applicable consumer rules as modified by this Agreement. Should NAM be unable or unwilling to administer the arbitration consistent with this Agreement, then you and we agree to select a mutually-agreeable arbitration administrator that will administer the arbitration consistent with this Agreement. If you and we are unable to agree, then you and we will jointly petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the arbitration consistent with this Agreement. All issues are for the arbitrator to decide, except for those issues specifically referenced in this Dispute Resolution and Arbitration Agreement and issues relating to the scope, application, and enforceability of this Dispute Resolution and Arbitration Agreement, which are for a court of competent jurisdiction to decide. The arbitrator shall apply the terms of this Agreement just as a court would. Arbitration fees shall be governed by the AAA Rules (or the rules of the arbitration administrator consistent with the provision above). An arbitrator may award arbitration costs and fees to a party upon a showing that the claim(s) and/or arbitration proceeding are frivolous or brought for an improper purpose or for the purpose of harassment. The arbitrator shall apply Federal Rule of Civil Procedure 68 after entering an award. Except as provided below, the arbitrator can award the same damages and relief that a court can award under applicable law. The arbitrator shall issue a ruling that includes the essential findings of fact and law upon which the award is based. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding. It shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different parties.

(b) Survival and Modifications.

This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding any provisions to the contrary, modifications to this Dispute Resolution and Arbitration Agreement shall not apply in connection with any Dispute for which notice has already been given to you or Purpose Pawty.

General

We reserve the right to make changes to our Site, this Agreement and other service terms, such as our Privacy Policy at any time. Each time you use our Site, you should visit and review the then current terms that apply to your transactions and use of our Site. If you do not agree to be bound by the then current terms, your sole remedy is not to use our Site. Except as otherwise provided herein, if any terms of this Agreement or other service terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the FAA and the laws of the State of Texas without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. Except as otherwise provided herein, if any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Purpose Pawty's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. Contact Us Purpose Pawty welcomes your questions or comments regarding the Terms: 2601 Cartwright Rd. STE. D#246 Missouri City, Texas 77459 Email Address: info@purposepawty.com For general privacy questions or concerns relating to Purpose Pawty, LLC., please email our team at info@purposepawty.com Effective as of September 25, 2022