NUTRAPOOCH TERMS OF SERVICE
SECTION 1: DESCRIPTION AND USE OF THE PLATFORM
Nutrapooch is built around the idea that our four-legged companions should be fed in a natural, species- appropriate way. Through our Platform, we offer our once-every-two-weeks subscription Services, where we make and deliver reformulate human-grade ingredients, proteins and produce, into fresh nutritious pet food. These Services include our Meal Plans, where we attempt to personalize meals to our customer’s needs, prepare those meals with whole foods certified by USDA to be fit for human consumption, freeze to maintain peak nutritional integrity, and then deliver directly to your door.
We also provide information through multiple platforms, via “social media” and our own blog, in an attempt to better inform and educate our Visitors and Subscribers and keep them up-to-date on holistic care and the pet industry. By using our services, you are able to utilize the foundations of recipes, inspired by the PREY and BARF models of feeding, in an attempt to avoid nutritional deficiencies. We provide Visitors and Subscribers with access to our Website and Platform as described in this Agreement.
Visitors: “Visitors”, as the term implies, are people who do not register with us, but want to view all publicly accessible Content.
Subscribers and Customers: Registration and our confirmation is required for all “Subscribers”. Notification of registration is not considered confirmation, though confirmation and registration notification might be found in the message. We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion
SECTION 2: PRODUCT DESCRIPTIONS
Nutrapooch attempts to be as accurate as possible when describing its products and when depicting these products on this Website. Nutrapooch does not warrant that these product descriptions or depictions, or other content on this Website, are accurate, reliable, current or complete.
The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.
Product prices may not include applicable taxes.
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already both charged for and sent you a Confirmation.
Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa, MasterCard, and Discover. We reserve the right to change the payment methods we accept at any time. We will not charge your credit or debit card for a weekly delivery until after the cancellation deadline for said weekly delivery – with the exception of your first delivery, under one of our Services, which may occur immediately following your initial subscription to said Service.
SECTION 3: DELIVERY
Nutrapooch does not deliver to every location, so please check our Website to see if our Services are available in your area. If we currently do not deliver to your area, but you would like us to, please let us know. We are expanding the reach of our Services, so we recommend that you create an account, and we will notify you when we launch in your zip code. If you have signed up, or purchased a product or service from us, but we do not deliver to your area, we reserve the right to refuse and reimburse your payment.
When you sign up to become a Subscriber, your subscription will automatically renew until you cancel it. Please read our cancelation policy for instructions and limitations. Please be aware, however, that because we plan, purchase, and prepare our meals in advance, cancellation requests require advanced notice to Nutrapooch, as set forth more specifically in our cancellation plan. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect for the next shipment.
Nutrapooch will deliver the package, or at time of delivery will use reliable third-party delivery companies such as FedEx, UPS, or USPS to deliver your meals. Each package is carefully put together to stay fresh for up to 6 hours after delivery (as they are frozen for shipment and are delivered in a cooler bag with ice). However, to maintain the highest quality and integrity of the meals after delivery, we recommend that you immediately refrigerate or freeze the items when you receive them. Furthermore, you should inspect your package to ensure the contents arrive in a cool, refrigerated/frozen condition. If you have any concern about the freshness of your delivery you should contact our customer service.
If you are not home when a delivery arrives, our delivery person will leave the package for you at your door.
If you would prefer that someone have to sign for the delivery, please let us know the specific instructions. In such cases, if you, your doorman, your neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case an additional redelivery fee shall apply). If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order and the redelivery fee.
Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the meals under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery.
SECTION 4: ORDERS, SUBSCRIPTIONS, AND CONTRACT FORMATION
After placing an order through our standard order form on our Site, you will receive an email from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.
The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
The subscription plan to our Services consists of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Nutrapooch may submit periodic charges (e.g., weekly, one-time additional) without further authorization from you, until you provide advance notice that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before Nutrapooch reasonably could act. To terminate your authorization or change your payment method email email@example.com.
By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed, subject to variation at our discretion. You can cancel your subscription at any time, however please review the cancellation policy for the terms. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
Trial period: When first subscribing, customers are given “transition” meals for a 4-week trial period. This means that slightly less food will be sent so that customers can “mix” the meals with their pet’s current meals, to help ease digestion. Customers are also allowed to cancel after this trial period with no penalty.
Auto-renewal: Following your initial subscription period (Trial Period), your subscription will be automatically extended for successive renewal periods of the same length, at the then-current non-promotional subscription rate. To cancel your subscription, please refer to the cancellation policy for further instructions. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
ADDITIONALLY, WE HAVE SET PRICES FOR EACH PLAN IN AN ATTEMPT TO MATCH THE AMOUNT OF FOOD NEEDED TO MEET THE RECOMMENDED CALORIC INTAKE (RECOMMENDED BY VETERINARIANS TO BE 2-3% OF YOUR DOG’S IDEAL WEIGHT) AND FOR YOUR DOG’S SPECIFIC NEEDS. IF IT IS FOUND THAT THESE AMOUNTS OF FOOD ARE NOT CORRECT, WE RESERVE THE RIGHT TO ALTER THE AMOUNT OF FOOD, ALONG WITH ALTERING SUBSEQUENT RECURRING CHARGES (WHICH WLL BE DIFFERENT FROM THE ORIGINAL PRICE NEGOTIATED AND CONTRACTED) WITHIN REASON, SO LONG AS WE NOTIFY YOU OF THE CHANGE OF FUTURE CHARGES IN ADVANCE (PRIOR TO THE CUT OFF FOR THE OPPORTUNITY TO CANCEL SHIPMENT). EACH PLAN ALSO INCLUDES THE 4 WEEK TRIAL PERIOD BEGINNING DELIVERY WHICH WILL INCLUDE LESS FOOD THEN THE PLAN TYPICALLY WILL DELIVER PER WEEK AS IT IS INTENTED TO BE A TRANSITIONAL PERIOD FOR YOUR DOG AS WELL. THIS PRICE IS A SEPARATE PRICE THAN THE MEAL PLAN AND WILL BE LESS FOR THOSE 4 WEEKS THEN THE COST OF THE PLAN FOR FULL WEEKS OF FOOD DUE TO LESS FOOD BEING DELIVERED.
SECTION 5: ONLINE STORE TERMS AND YOUR STATUS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services, as well as possible legal recourse by Nutrapooch.
By placing an order through our Site, you warrant that:
1. You are legally capable of entering into binding contracts; and
2. You are at least 18 years old; and
3. You are resident of a Serviced Country; and
4. You are purchasing from our Site to be delivered to a Serviced Country.
SECTION 6: PRODUCTS FOR PERSONAL USE
All products available on this Website, and any samples thereof, are for personal use only. You may not resell any of the products that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms and Conditions. If you are a wholesaler or retailer interested in purchasing items in bulk, please email firstname.lastname@example.org.
SECTION 7: VOUCHERS AND GIFT CARDS
We may offer gift cards, discount promotions, and other types of vouchers (Voucher) which may require activation by online application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
Vouchers may only be redeemed through our Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates.
SECTION 8: RETURN AND CANCELATION POLICY
Returns: Nutrapooch always guarantees the freshness and quality of our product. If you are ever concerned about the freshness or quality of your delivery, please contact us at email@example.com to discuss possible return, refund, or exchange.
Cancellations: You can cancel at any time. However you may be assessed a penalty fee based on where you are in your subscription.
You can cancel during or at the end of your 4-week beginning Trial Period with no penalty. Since all of our orders are planned in advance, Subscriptions canceled with less than 7 days notice from next delivery will still be charged for that week and officially canceled on the subsequent order.
The date of your “next delivery” will always be considered as the date 14 days after the last delivery was made – or in the case of a first delivery, the date stated by us in your confirmation.
If you cancel your subscription at any point during the period subscribed for (1 month, 3 months, 6 months, or 1 year) the following fees will be assigned and responsible for payment by you:
You can cancel your subscription at any point during your contract however you will be charged the difference between your subscription and the closest shorter contract period to yours (i.e. If you were on a 6 month contract and you cancel at month 4, you will be charged the difference between the 6 month period, and the 3 month plan plus 1 month).
We reserve the right to refuse or cancel subscription orders at our sole discretion. If we do this, you will only be charged for orders that have been dispatched to you.
To cancel your subscription at any time please email us at firstname.lastname@example.org
SECTION 9: WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
You acknowledge that your use of this site and its content is at your own risk.
You acknowledge that the feeding guides and/or personalized feeding plan provided by us is intended as a guide only. It is your responsibility as a pet owner to monitor your pet’s weight and condition, and to let us know of any changes in either weight or condition as these may impact your feeding plan. If you have any concerns about your pet’s weight and condition, please consult your veterinarian.
YOU, AND NOT NUTRAPOOCH – NOR ANY OF ITS CONSULTANTS, CONTRACTORS, OR REPRESENTATIVES – ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE PREPARATION, STORAGE, AND USE OF THE MEALS.
OTHER THAN WHAT WE EXPLICITLY STATE IN THE TERMS, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE MEALS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM YOUR PURCHASE OF THE MEALS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO NUTRAPOOCH IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
NUTRAPOOCH HAS MADE EVERY EFFORT TO DISPLAY THE MEALS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL MEALS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE MEALS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MEAL, SERVICE, OR PRODUCT ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
SECTION 10: INTELLECTUAL PROPERTY
The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Nutrapooch (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Nutrapooch (the “Nutrapooch Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Nutrapooch. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Nutrapooch’s Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Nutrapooch’s Trademarks inures to our benefit.
Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
SECTION 11: EXTERNAL SITES
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
SECTION 12: INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assignees harmless from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Platform or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
SECTION 13: COMPLIANCE WITH APPLICABLE LAWS
The Platform and the Services (and their servers) are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
SECTION 14: TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.
SECTION 15: MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws provisions. You expressly and irrevocably agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Virginia; and (ii) that the Platform and the Services shall be deemed passive that do not give rise to personal jurisdiction over Nutrapooch, either specific or general, in jurisdictions other than the State of Virginia. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEALS, THE PLATFORM, OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the provisions of this Agreement, which shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicenses.