terms of use | restly

terms of service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE COMPANY’S SERVICES, INCLUDING ITS WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

GENERAL

Restly Pets, LLC (the “Company” or “Restly”) offers this Website, www.restlypets.com (this “Website” or “Site”), including all information, content, functionality, tools and services available from this Site to its users (“user” or “you”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Throughout the site, the terms “we,” “us” and “our” refer to Restly.

These Terms of Service apply to all services provided by Restly. Services include, retail sales at our e-commerce store hosted on this Website, digital services provided through the Site, including digital transactions, applications or software provided online or in conjunction with the Site, and electronic and other communications sent to you or provided by Restly (collectively, the “Services”)

ACCEPTANCE OF THE TERMS OF SERVICE

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions.

The following terms and conditions, together with our Privacy Policy (found at www.restlypets.com/policies/privacy-policy), return policy (found at [RETURN POLICY URL]) and any additional policies, terms and conditions expressly incorporated by reference (collectively, “Terms of Service” or “Terms”), govern your access to and use of this Website, including any and all information, content, functionality, tools and services offered on or through the Site, whether as a guest or a registered user. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you accept and agree to be bound and abide by these Terms of Service (the “Agreement”). If you do not want to agree to these Terms of Service, including the Privacy Policy, you must not access or use the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

AGE RESTRICTION

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Platform.

The Company intends only persons who are 18 years of age or older and reside in the United States or any of its territories or possessions to use the Services, including the Site. By accessing this Website and using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements and that you are legally able to enter into this Agreement. If you do not meet all of these requirements, you must not access the Website or use the Services.

TERMINOLOGY

For the purposes of these Terms, the term “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 (“THC”) 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 operates the Site in support of its retail sales of CBD for use in dogs. Products sold by Restly are not for use in humans.

Statements Not Evaluated by FDA: You expressly acknowledge, agree and understand that any statements relating to CBD goods, accessories or any other products available through the Services (“Products” or “CBD Product”) 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 Site are not intended to diagnose, treat, cure, mitigate or prevent any medical condition, illness or disease in 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.

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 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 CBD Product with 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 parts of the Services, including the Site, may be accessed from various locations, the Service is currently available only to users located in certain states, cities, counties, municipalities, and jurisdictions, determined at the sole discretion of Restly (“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 reserves the right to determine or change its Service Area in its sole discretion at any time.

Acknowledgment of CBD Product Instructions: You hereby acknowledge that you have read the Products’ instructions and will not use more than the recommended dose. You also acknowledge that you will consult a licensed veterinarian before use of the Products. You assume the risk involved in the misuse of the Products and such misuse is covered under the below section titled Assumption of Liability.

Assumption of Liability: You assume the risk of any-and-all damage or loss incurred as a result of your use of Products obtained from Restly. Although the Site and employees of Restly may provide information regarding the CBD available from Restly, including but not limited to a COA for each Restly CBD product, a product profile, 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 prior to using CBD with any animal.

ACCESSING THE WEBSITE

We reserve the right to withdraw or amend this Website, and any Services, Products or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

USING THE SERVICES

Your User Account & Account Security

If you choose to create an account and provide certain information about yourself (your “Account”), 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. You agree that all information you provide to register with this Website or otherwise, is governed by our Privacy Policy (found at www.restlypets.com/policies/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose to create an Account and are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that 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. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

You are responsible for the use of your Account and Restly expressly disclaims any liability arising from the unauthorized use of your Account. Restly 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.

If you wish to terminate, delete, suspend or otherwise disable your Account or use of the Services, please contact our Support Team at hi@restlypets.com. By registering for an Account, you acknowledge and agree that Restly must maintain certain user data, including personal information, for business, legal and/or operational purposes, including to prevent account abuse. Any remaining personal information not necessary for this task will be deleted from your Account in a reasonable amount of time following the request. For further information on our privacy practices and how we handle your personal information, please review the Privacy Policy.

We reserve the right to refuse service to anyone for any reason at any time. We further reserve the right, in our 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 Support Team at hi@restlypets.com. You acknowledge and agree that Restly shall not be liable to you or any third party for any termination of your access to the Services. The Terms herein shall survive and endure beyond any termination, deletion or suspension of your Account, or if you cease using our Services.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Charges, Billing & Refunds

You understand and acknowledge that you may incur fees or charges from Restly in connection with the Products purchased through the Website (“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 our Products are displayed with that item on the Website. The displayed Retail Price may include discounts, promotions and price reductions at the sole discretion of Restly. At checkout, the combined Retail Price of Products is the subtotal of an order as shown in your cart.
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.
Shipping Fee. You may be charged a “Shipping Fee” for each order you place.
Other Fees. Additional fees and charges may apply to your orders as determined by Restly. The description of any such fees will be available at checkout. Your bank may also charge additional fees.

All Charges are due immediately and are non-refundable, unless otherwise permitted in these Terms of Service. Once an order has been placed, such order may not be cancelled. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Services or to return any purchased Products. If you are dissatisfied with any of the Products you receive, please contact our Support Team at hi@restlypets.com.

Restly may use a third-party payment processor (“Payment Vendor”) to bill your purchase of Products purchased through the Services. Payment Vendor services may require you to visit, enter information into or create an account with the Payment Vendor’s application, website or platform, separate and distinct from the Services. By entering your payment, banking, or other billing information, you authorize Restly to send that information to or through the applicable Payment Vendor to charge your form of payment. The processing of payments, authorizations, holds, credits and refunds will be subject to the terms and conditions and privacy policy of the Payment Vendor.

Promotions

Restly 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 and benefits, related to the Service, subject to any additional terms that Restly establishes (“Promotions”). 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; (iii) may only apply to qualifying items and may require a minimum dollar order purchase; (iv) may be modified, disabled or withdrawn by Restly at any time for any reason or no reason without liability to Restly; (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, 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. These Promotions, unless made to you, shall have no bearing whatsoever on your use of Restly, or any Promotions offered to you.

Unless otherwise indicated by Restly, 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.

Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.

Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery company. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

We do not warrant that the quality of any Products, Services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

As a general policy, we do not accept returns or give refunds for any Products purchased on the Site, subject to any exceptions detailed in our Return Policy, which can be found at [INSERT LINK TO RETURN POLICY[CNC1] ].

Authorized Third-Party Sellers

If authorized by Restly to sell Products, whether online or in store, you represent and warrant that you will not change the retail price of the Products. You also represent and warrant that you will not sell Products to an unauthorized third-party seller.

Goods Not for Resale or Export

You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to and use in the specific state, city, county, municipality or jurisdiction within the US where the Products are delivered.

ONLINE STORE TERMS

Our Website’s store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.

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 and laws relating to the sale and purchase of CBD).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The information or material presented on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information or material on this Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

THIRD-PARTY LINKS / CONTENT

Certain content available via our Site may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only[CNC2] . This includes links contained in advertisements, including banner advertisements, sponsored links and any links to resources related to the safety, sale and use of CBD products. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium, any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

All information we collect on this Website is subject to our Privacy Policy (found at www.restlypets.com/policies/privacy-policy). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Service. In addition to other prohibitions as set forth herein, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to spam, phish, pharm, pretext, spider, crawl or scrape; (h) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (k) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); or (l) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Additionally, you agree not to: (a) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (b) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent; (c) use any device, software, or routine that interferes with the proper working of the Website; (d) introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (g) otherwise attempt to interfere with the proper working of the Website; or (h) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

COMMUNICATIONS

By providing your email address or phone number to Restly via the Internet or in person, you are consenting to receive marketing communications from Restly on your computer, 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. Restly does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.

You can opt out of marketing communications at any time by sending your request to hi@restlypets.com in accordance with the rules published in Company’s Privacy Policy, or by clicking the “Unsubscribe,” “Opt Out,” “Cancel,” or “Stop” links in promotional communications you receive, if such links are present. In the event you elect to opt-out of communications to your mobile device, you may receive an additional message confirming your election. 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 you consent to receive service messages from Restly, which includes notices about Restly communications, your inquiries to Restly, 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 may be legally required to inform you of important facts.

You are responsible for paying mobile network carrier fees, taxes and other charges related to the receipt of email and SMS text messages from Restly to your mobile device.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable or error-free.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

In no case shall Restly, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, including Products purchased through the Service, or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Restly, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, global pandemic, infectious disease outbreak or other public health crisis, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

WAIVER; SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

In the event that any provision, or portion thereof, of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, void or unenforceable for any reason, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such that the remaining provisions of the Terms of Service will continue in full force and effect.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The Terms of Service, our Privacy Policy and any other terms, conditions or policies referenced herein or posted by us on this Site or in respect to the Services constitute the sole and entire agreement between you and Restly and supersede any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website and/or the Service (including, but not limited to, any prior versions of the Terms of Service).

DISPUTE RESOLUTION

Governing Law; Interpretation

All matters relating to the Website and these Terms of Service and any separate agreements whereby we provide you Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any jurisdiction).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York state law.

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.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. All changes are effective immediately when we post them. It is your responsibility to check this page periodically, so you are aware of any changes. Your continued access to the Website or use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If you have any questions about the Terms of Service, please contact us at:

Restly Pets
Attn: Website Administrator
66 Meserole Ave #518
Brooklyn, NY 11222
Email: hi@restlypets.com

Last Updated Date: February 2024