Last Updated: 10/31/23
Welcome to Poochwell! These terms and conditions outline the rules and regulations for the use of Poochwell’s website and services.
1. Acceptance of Terms: By accessing and using our website and services, you agree to be bound by these terms and conditions. If you disagree with any part of the terms, you may not use our services.
2. Use of Service: Poochwell provides various pet care products and services. These are intended solely for personal, non-commercial use.
3. User Obligations: You agree to provide accurate and complete information when using our services and to keep such information up to date. You are responsible for maintaining the confidentiality of your account and password.
4. Intellectual Property: All content on Poochwell’s website, including text, graphics, logos, and images, is the property of Poochwell or its content suppliers and protected by intellectual property laws.
5. User Content: If you post, upload, or make available any content or submissions, you grant Poochwell a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and publish such content.
6. Privacy: Your use of our services is also governed by our Privacy Policy, which is incorporated into these terms by reference.
7. Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall Poochwell, its affiliates, directors, employees, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, our services. Under no circumstances will Poochwell be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your account or the information contained therein.
8. Indemnification: You agree to defend, indemnify and hold harmless Poochwell, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Poochwell Service; (b) your violation of any term of these Terms of Service; (c) your violation of any third-party right, including without limitation any copyright, trademark, right of publicity or other proprietary rights; or (d) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Poochwell Service.
9. Changes to Terms: Poochwell reserves the right, in its sole discretion, to change the Terms under which its services are offered. The most current version of the Terms will supersede all previous versions. Poochwell encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the service after the posting of any modifications to the Terms of Service will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms of Service. If any future changes are unacceptable to you or cause you to no longer be in compliance with these Terms, you must terminate, and immediately stop using, the Poochwell Service.
10. Governing Law:
Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction: You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts located in California. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Dispute Resolution: In the event of a dispute arising under or relating to this Agreement, the services of Poochwell, or any other products or services provided by Poochwell, such dispute will be resolved in the following manner:
Informal Resolution: Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in these terms. If a dispute is not resolved within 30 days of notice, you or Poochwell may bring a formal proceeding.
Arbitration: You and Poochwell agree to resolve any claims relating to these terms or the services through final and binding arbitration by a neutral arbitrator instead of in a court by a judge or jury.
Exceptions to Arbitration Agreement: Either you or Poochwell may assert claims, if they qualify, in small claims court in Los Angeles or any United States county where you live or work. Furthermore, notwithstanding the arbitration agreement, both parties agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to seek injunctions or other equitable relief in any court of competent jurisdiction.
No Class Actions: You may only resolve disputes with Poochwell on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
California Residents: If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
11. Contact Information: If you have any questions about these terms and conditions, please contact us at support@poochwell.com .
By using Poochwell, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
