These Terms apply to all services provided by Restly Pets (“Services”) where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by Restly Pets (“Stores”), as well as physical delivery of products to you (“Delivery Service”). Services also include digital services provided through the Internet website located at [www.restlypets.com] (the “Site”), applications or software provided online or in conjunction with the Site, and electronic communications sent to you by Restly Pets (collectively, “Digital Services”).
By using Restly Pets Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Company’s Services, including its Site.
NO USE OF THE SERVICES BY PERSONS UNDER 21 PERMITTED
Our Services are intended for a mature audience. The Company intends only persons who are 21 years or older to use the Services, including the Site. You agree that by using the Services, you represent that you are at least 21 years old and that you are legally able to enter into this Agreement.
For the purposes of this Agreement, the terms “CBD” means cannabidiol derived from industrial hemp. “Industrial hemp” (“hemp”) is defined by the Agriculture Improvement Act of 2018 as any part of the Cannabis sativa L. plant that contains less than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.
IMPORTANT LEGAL DISCLAIMERS AND ACKNOWLEDGEMENTS
Purpose: By using Company’s Services, including the Site, you agree to be bound by these legal disclaimers and acknowledgements. Restly Pets operates the Site in support of its retail sales of CBD for use in dogs and cats. Products sold by Restly Pets are not for use in humans.
Cannabis Disclaimer: Pursuant to the Agricultural Improvement Act of 2018 (the “Farm Act”), industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. You acknowledge that CBD is subject to regulation by the U.S. Food Drug Administration (“FDA”) and that, currently, CBD is not FDA-approved. You further acknowledge that CBD products sold by Restly Pets are not intended to provide a therapeutic benefit to animals and are not for use as a food product or dietary supplement. The FDA has announced that it has seen only limited data about the safety of CBD, some of which may indicate risks associated with using CBD. You acknowledge that prior to using a Restly Product in any animal you will consult with a veterinarian on any potential risks associated CBD.
Acknowledgment of State Law: You expressly acknowledge, agree, and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of CBD differs by state and in some states, the use and possession of CBD is not legal.
Acknowledgment of the Laws of Your Location: While the Application or parts of the Services may be accessed from various locations, the Service is currently available only to Users and Retailers located in certain states, cities, counties, municipalities, and jurisdictions, determined at the sole discretion of Restly Pets (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located in order to use the Services. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using the Services. Restly Pets reserves the right to determine or change its Service Area in its sole discretion at any time.
Assumption of Liability: You assume the risk of any-and-all damage or loss incurred as a result of your use of CBD products obtained from Restly Pets, including any dispensary, store or licensed partner. Although the Site and employees of Restly Pets may provide information regarding the CBD and CBD available from Restly Pets, including but not limited to potency, pharmacologically active ingredients, source of cultivation, recommended uses and benefits, and all other descriptions or information (collectively “CBD Information”), such CBD Information should in no way be construed as medical advice. All CBD Information is provided for informational and educational purposes only and is not intended to be a substitute for veterinary advice under any circumstance. Always consult your veterinarian or other qualified healthcare provider prior to using CBD in any animal.
Health Information: You expressly acknowledge, agree, and understand that any statements relating to CBD goods, accessories or any other products available on the Services (“Products”) have not been evaluated by the FDA. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on the Services are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed veterinary advice or care. We suggest consulting with a vet before using any Products
USING THE SERVICES
Your User Account
You must create an account and provide certain information about yourself (your “Account”) in order to use some of the features that are offered through the Services. You can create an Account for some Services on the Site, or by visiting a Company retail store. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar “social networking” services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Account profile.
You agree to maintain accurate, complete, and up-to-date information in your Account and that we and others may rely on your information as accurate, current and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Services.
Accounts are limited to one per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.
Restly Pets shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Your participation in using the Services is for your sole, personal use. You agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from the Services. You are responsible for the use of your Account and Restly Pets expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access of your Account or any other breach of security, you agree to notify us immediately.
Restly Pets reserves the right, in its sole discretion, to set the requirements for, or to suspend, disable, deny access to, or disallow the registration of your Account for any reason. If you believe your inability to access your Account or the Services has been made in error, please contact our Restly Pets Support Team at firstname.lastname@example.org. You acknowledge and agree that Restly Pets shall not be liable to you or any third party for any termination of your access to the Services. The terms and conditions of this Agreement and the Restly Pets Terms shall survive and endure beyond any termination, deletion, or suspension of your Account, or if you cease using Restly Pets Services.
You must be at least 21 years old to use the Services to order, receive, or facilitate delivery of adult-use cannabis. By using the Services you expressly represent and warrant that you are at least 21 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You acknowledge that Restly Pets reserves the right to determine a minimum age for any User or Service Area in its sole discretion (“Qualifying Age”). You agree that if you are not of Qualifying Age while located in any Service Area, you are prohibited from using, and will not attempt to use, the Services.
Electronic Records & Signatures
You agree that your electronic signature on the Services is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by Restly Pets regarding your Account and the Services electronically (collectively, “Electronic Communications”). We may provide these Electronic Communications to you via the Services, email, text message, push notification, chat, customer support, or other electronic communications.
In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:
- A device with an Internet connection
- A current web browser with cookies enabled
- A valid email address
- Storage space to save past Electronic Communications on your device or an installed printer to print Electronic Communications
In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree Restly Pets will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings, or by contacting the Restly Pets Support Team at email@example.com
You can withdraw your consent to receive Electronic Communications at any time by sending us an email with the subject line “Withdrawing E-Sign Consent” to firstname.lastname@example.org. However, if you withdraw your consent to receive Electronic Communications, Restly Pets reserves the right to immediately close your Account as we may be unable to properly facilitate your legal use of the Services.
Charges, Billing, & Refunds
You understand and acknowledge that you may incur fees or charges from Restly Pets, retailers, or other third parties in connection with the goods and services purchased or facilitated through the Services (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:
- Retail Price. The “Retail Price” of goods and accessories are displayed with that item on the Services. The displayed Retail Price may include discounts, promotions, and price reductions at the sole discretion of Restly Pets At checkout, the combined Retail Price of goods and accessories is the subtotal of an order as shown in your cart.
- State Taxes. Retailers charge applicable “State Taxes,” such as cannabis excise taxes, on sales of goods and accessories based on the state of your location, pursuant to state laws and regulations.
- Local Taxes. Retailers charge applicable “Local Taxes” on sales of cannabis goods and accessories. Local Taxes may be based on the city, county, municipality, or other jurisdictional location of your delivery address, the retailer fulfilling your order, or both, pursuant to local laws and regulations.
- Sales Tax. Retailers charge applicable “Sales Tax” on all sales of goods and accessories. Sales tax may be based on the state, city, county, municipality, or other jurisdictional location of your delivery address, the retailer fulfilling your order, or both, pursuant to applicable laws and regulations.
- Other Taxes. You may be charged additional taxes based on applicable laws and regulations. Such taxes may vary depending on the laws and regulations in place at the time of your purchase.
- Delivery Fee. You may be charged a “Delivery Fee” for each order you place.
- Cancellation Fee. After placing an order, you may cancel it through the Application, but you may be charged a “Cancellation Fee” in certain circumstances. You may also be charged if the driver completing your order is unable to reach you to complete delivery.
- Service Fee. In some instances, you may be charged a “Service Fee” for some orders. A description for any applicable Service Fee will be available at checkout.
- Trust and Safety Fee. In some instances, you may be charged a “Trust and Safety Fee” for some orders. This fee, if applied, is collected to promote the safe and reliable operation of retailers and their drivers.
- Tips. You may elect to “Tip” your driver in cash or through the Services where available.
- Other Fees. Additional fees and charges may apply to your orders as determined by Restly Pets, the retailers, and/or third parties with whom you transact. The description of any such fees will be available at checkout. Your bank may also charge additional fees.
Restly Pets may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on the Services may not accurately reflect pricing. Restly Pets may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the Services.
You may receive Promotions (defined below) or referral codes that you can apply toward payment of certain Charges. Promotions or referral codes are only valid for use on the Services and are not transferable or redeemable for cash except as required by law. Additional restrictions on Promotions or referral codes may apply as communicated to you in a relevant promotion.
Restly Pets may, in its sole discretion, make available certain promotions or offers, which may at times be redeemed by entering promotional codes, that may confer discounts, price reductions, features, benefits, related to the Service, subject to any additional terms that Restly Pets establishes (“Promotions”). Promotions may be offered by Restly Pets, retailers, brands, or other Third-Party Providers on the Services. Each Promotion is a limited time offer and is valid only for the time specified therein. Unless otherwise specified on the Promotion itself, you may only use one Promotion per Account, per day.
Each Promotion (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other offers unless otherwise permitted by Restly Pets; (iii) may only apply to qualifying items and may require a minimum dollar order purchase; (iv) may be modified, disabled, or withdrawn by Restly Pets at any time for any reason or no reason without liability to Restly Pets; (v) is not valid for cash or credit, has no monetary value, and cannot be applied after an order is submitted; (vi) may expire prior to your use; and (vii) is void where prohibited by law. If you violate any of the Promotion terms, the Promotion will be invalid.
Restly Pets, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any Users or groups of Users determined solely by Restly Pets. These Promotions, unless made to you, shall have no bearing whatsoever on your use of Restly Pets, or any Promotions offered to you.
Unless otherwise indicated by Restly Pets, Promotions do not apply to taxes, fees, or any Charges other than Retail Price. Taxes and fees may apply to the full value of Products subsequently reduced in price by a Promotion.
Mobile Data Fees & Usage
Restly Pets is not responsible for any fees or usage charges related to your access of the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Restly Pets does not guarantee that the Services, or any portion thereof, will function on any particular network, hardware, or devices.
In connection with delivery services, if any, offered by the Company, Restly strongly recommends enabling mobile text or SMS services to receive communications about real-time delivery status of orders and to communicate with the driver. However, you can always reply “STOP” to any text or SMS messages from us to opt out of such messages. Delivery and other Services may be severely limited by electing such opt-out, and you acknowledge and agree we may not be able to offer certain delivery and other Services as a result.
PRIVACY & CONFIDENTIALITY
You agree not to use, disclose, or permit disclosure of, for any purpose other than as stated in this Agreement, (i) any technical, financial, strategic, and other proprietary and confidential information or data relating to Restly Pets business, operations, and properties; (ii) the technical, financial, strategic, and other proprietary and confidential information or data relating to the business, operations, or properties of any retailer, brand, or other Third-Party Provider; (iii) the User Data, PII, or any other information or data related to any other User; (iv) any non-public information of Restly Pets, any retailer, brand, or other Third-Party Provider, or any User that such party designates as being proprietary or confidential, or of which the other party should reasonably know that it should be treated as confidential (collectively, “Confidential Information”). You agree that all Confidential Information shall remain the exclusive property of the disclosing party. You agree not to disclose or permit disclosure of any Confidential Information to third parties for any purpose except as permitted under the Restly Pets Terms, to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information, to prevent Confidential Information from falling into the public domain, and to return or destroy all Confidential Information of the disclosing party upon termination of this Agreement or at the request of the disclosing party subject to applicable law. In the event Confidential Information is required to be disclosed pursuant to the order or requirement of a court administrative agency, or other governmental body, you agree to provide prompt notice of such court order or requirement to Restly Pets to enable Restly Pets to seek a protective order or otherwise prevent or restrict such disclosure.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain at a time it is intentionally disclosed by Restly Pets or has entered the public domain through no act or omission on the part of the receiving party; (ii) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
With respect to your use of the Services, you agree you will not:
- Impersonate any person or entity
- Stalk, threaten, or otherwise harass any person, or carry any weapons
- Violate any law, statute, rule, permit, ordinance, or regulation
- Post, email, upload, deploy, send, or otherwise make available (“Transmit”) any text, graphics, images, music, software, audio, video, code, files, programs, information or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, hateful, violent, pornographic, defamatory, libelous, invasive of another’s privacy, harmful to minors in any way, or otherwise offensive
- Transmit any Content that advertises any illegal service or the sale of any items which are prohibited by the laws of your state of location, or any other jurisdiction of your location
- Access the Services using unauthorized means, unauthorized applications, or an unauthorized device; or Transmit any Content that attempts to gain unauthorized access to Restly Pets computer systems, networks, servers, software, hardware, telecommunications equipment, or any other internal or external Restly Pets infrastructure (the “Restly Pets Network”)
- Interfere with, disrupt, diminish the quality or performance of, or impair the functionality of the Services or the Restly Pets Network, or Transmit any Content designed to do the same
- Surreptitiously intercept or expropriate any system, data, personal information, or any portion of the Restly Pets Network or the Services
- Use the Services in any way that infringes Restly Pets or a third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
- Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services or the Restly Pets Network
- Rent lease, lend, sell, redistribute, license or sublicense the Services or access to any portion of the Services
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, crawl, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services
- “Frame” or “mirror” any part of the Services without Restly Pets prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose
- Use the Services to design or develop a competitive or substantially similar product or service
- Use the Services to copy or extract any features, functionality, or Content
- Link directly or indirectly to any other websites
- Transfer or sell your Account, password, username, or identification to any other party
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Note that if you provide your email address to Restly Pets you consent to receive service messages (“Service Messages”) from Restly Pets, which includes notices about Restly Pets communications, your inquiries to Restly Pets, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since Restly Pets may be legally required to inform you of important facts.
Mobile Device Use
By providing your email address or phone number to Restly Pets via the Internet or in person, you are consenting to receive marketing communications from Restly Pets on your phone or other mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.
In the event you elect to opt-out of communications to your mobile device, you may receive an additional message from the Service confirming your election.
The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.
You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from Company to your mobile device.
Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
PRODUCT PURCHASES, BILLING, AND PAYMENT
You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you.
When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at email@example.com.
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement (see “Exchanges and Refunds” below) or as otherwise determined by us in our sole discretion.
All prices specified in descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
At its sole discretion, Restly Pets may offer you rewards points when you purchase Restly Pets products. Rewards points can only be applied toward purchases and cannot be redeemed for cash. If you delete your Restly Pets customer profile, any points you have accrued will become inaccessible and unredeemable.
Exchanges and Refunds
Pursuant to our return policy as listed on our Site FAQs, if you purchased a Restly Pets product directly from Restly Pets or a Restly Pets retail partner and are not 100% satisfied with your purchase, you cannot return or exchange your item(s) for a refund or credit.If you purchased at a dispensary or other location, please check the return policies at your original place of purchase for exchanges or refunds. If you suspect your product is defective, you may be eligible to return the item back to your original place of purchase in accordance with the retailer’s return policy. The original purchaser must provide personal identification for any exchange or refund. Based on state laws and cannabis regulations, Restly Pets cannot send or receive any Restly Pets THC-containing cannabis products via mail or other forms of national carrier delivery. Restly Pets cannot provide a cash refund. Out-of-state or cross-border refunds are not permitted.
If you send or post information (“User Content”) to Restly Pets or its Services, including photos, messages, or commentary, you grant Restly Pets a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using other Restly Pets Services, you agree to obey by the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent at: 66 Meserole Ave #518, Brooklyn NY 11222 or via email at firstname.lastname@example.org
You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bot” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Site or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.
You will not attempt to gain unauthorized access to any portion or feature of Company’s Services, including its Site, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.
Accessing, collecting, and/or harvesting Account information stored on the Site or in other Digital Services, including, but not limited to, their personally identifiable information, are prohibited.
You agree not to frame the Restly Pets Site or other Digital Services in browser frames, or otherwise reroute or alter content from Company’s Digital Services en route to a visitor’s browser.
You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.
You agree not to impersonate Company employees in any electronic message sent to Company or its Accounts.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
The Company hereby disclaims all warranties. Restly Pets Services, including, but not limited to, its Site, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.
To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.
The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Site. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third- party content. Your dealings with or participation in promotions of advertisers to which you opt- in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Company imposes certain restrictions on your permissible use of the Services, including the Site. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Site, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of the Services, including the Site, are Copyright 2023, Restly Pets, 66 Meserole Ave #518, Brooklyn NY 11222. All rights reserved.
All trademarks, service marks, and trade names of the Company used in its Services, including on its Site, are trademarks or registered trademarks of the Company.
GOVERNING LAW AND ARBITRATION
IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-
CLASS ACTION WAIVER
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Your access and continued use of the Site signify your explicit consent to this waiver.
The Restly Pets Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Restly Pets does not guarantee the availability or uptime of the Services. You acknowledge and agree that the Services may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, Delivery Services from retailers may be subject to limitations, delays, and other problems inherent in physical delivery, and neither Restly Pets nor Third-Party Providers are responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Nothing contained on the Restly Pets Site, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
AVAILABILITY AND USE OUTSIDE OF THE UNITED STATES
The Services are controlled, offered and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Site or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.
CALIFORNIA USER NOTICE
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
LIMITATION ON DAMAGES
UNDER NO CIRCUMSTANCES SHALL RESTLY PETS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RESTLY PETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE RESTLY PETS WEBSITES OR SERVICES, FROM YOUR INABILITY TO USE THE RESTLY PETS WEBSITES OR SERVICES, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE RESTLY PETS WEBSITES OR SERVICES, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS AND CONDITIONS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RESTLY PETS WEBSITES, SERVICES OR ANY LINKS ON THE RESTLY PETS WEBSITES OR SERVICES AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD RESTLY PETS, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; ANY THIRD-PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE RESTLY PETS WEBSITE OR SERVICES; YOUR VIOLATION OF THE TERMS AND CONDITIONS; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
All Program designs, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or intellectual property in such materials are owned by Restly Pets
TERM FOR CAUSE OF ACTION
You and Restly Pets agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Restly Pets Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.
If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
CANNABIS AND FEDERAL LAW DISCLAIMER; ASSUMPTION OF LIABILITY
CANNABIS IS A SCHEDULE 1 CONTROLLED SUBSTANCE UNDER THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802) (“CSA”) AND THE CULTIVATION, DISTRIBUTION, AND POSSESSION OF CANNABIS IS A CRIME UNDER FEDERAL LAW. KEEP ALL CANNABIS AND CANNABIS PRODUCTS OUT OF REACH OF CHILDREN AND ANIMALS. INTOXICATING EFFECTS OF CANNABIS AND CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO (2) HOURS. USE OF CANNABIS WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS AND CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.
YOU ASSUME THE RISK OF ANY-AND-ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF CANNABIS OR CANNABIS PRODUCTS OBTAINED FROM ANY RESTLY PETS STORE. ALTHOUGH THE RESTLY PETS WEBSITE AND EMPLOYEES OF RESTLY PETS STORES MAY PROVIDE INFORMATION REGARDING THE CANNABIS AND CANNABIS PRODUCTS AVAILABLE FROM EACH RESTLY PETS LOCATION, INCLUDING BUT NOT LIMITED TO POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES AND BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION(COLLECTIVELY ”CANNABIS INFORMATION”), SUCH CANNABIS INFORMATION SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. ALL CANNABIS INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING CANNABIS OR A CANNABIS PRODUCT FOR TREATMENT OF A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR FAIL TO SEEK IT FOLLOWING RECEIPT OF CANNABIS INFORMATION FROM THE SITE OR A RESTLY PETS LOCATION WHERE YOUR USE OF CANNABIS IS TO TREAT A MEDICALCONDITION. RESTLY PETS AND EACH RESTLY PETS LOCATION CANNOT GUARANTEE THE ACCURACY OF ANY CANNABIS INFORMATION PROVIDED ON THE SITE; DO NOT RELY ON SUCH CANNABIS INFORMATION.
ANY CLAIMS ABOUT CANNABIS OR ANY RESTLY PETS PRODUCT HAVE NOT BEEN REVIEWED BY THE FDA. RESTLY PETS PRODUCTS ARE NOT INTENDED TO DIAGNOSE, CURE, OR PREVENT ANY DISEASE OR ILLNESS.
For questions or comments about the Restly Pets websites or services, please email email@example.com.
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