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Terms & Conditions of Sales
Effective Date (date last updated): 19 March 2022
Overview
Thank you for visiting Prancy Pets and for viewing these terms of use and conditions of sale. We use these terms of use and conditions of sale to tell you about the rights and obligations both you and Prancy Pets have when you visit and use the website www.prancypets.com and purchase Prancy Pets products.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 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 store 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.
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1. This is a contract.
These terms of use and conditions of sale, which we refer to as the “Terms of Use” or “Terms,” as well as our Privacy Policy (the “Privacy Policy”) and Shipping & Returns Policy, are a legally enforceable agreement (“Agreement”) between you and Prancy Pets LLC and affiliated companies (including, but not limited to Prancy Pets LLC and Nava Media LLC, collectively “Prancy Pets”), which own and operate Prancy Pets and the website www.prancypets.com (the “Website”). This Agreement governs your access and use of the Website and the products and services provided by Prancy Pets, any order you place through the Website, by telephone, or other accepted method of purchase, and, as applicable, your use or attempted use of the products or services offered on or available through the Website. By visiting the Website and/or purchasing something from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 19 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://www.prancypets.com/terms-conditions). We reserve the right to update, change, or replace any part of these Terms 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 BINDING ACCEPTANCE OF THOSE CHANGES.
2. Website Use.
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
3. General Conditions and Restrictions.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
4. Personal Information.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website and online store is governed by our Privacy Policy. To view our Privacy Policy, please visit Privacy Policy. We reserve the right to modify our Privacy Policy from time to time. Our Privacy Policy is incorporated into this Agreement by reference.
5. Accuracy, Completeness, and Timeliness of Information.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The material on the Website is provided as general information only. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The statements made on this Website have not been evaluated by the Food and Drug Administration. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. Modifications to Website and Prices.
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on this Website is void where prohibited.
7. Order Placement and Acceptance.
If you order a product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.
Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available and the expected availability date, and we may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
We do not accept orders from dealers, wholesalers, or customers who are resellers. For any questions from dealers, wholesalers or resellers, we ask that they direct their inquiries to support@prancypets.com.
8. Shipping.
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Once your order is ready for shipment, you will receive an email with a tracking number. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery services not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier. We reserve the right to reject orders where the delivery address is outside of the European Union or North America.
9. Returns.
All items may only be returned in limited circumstances and in accordance with the Shipping & Returns Policy. If you are uncertain about your right to return a product, you may contact our customer support team here: https://www.prancypets.com/contact-us.
10. Subscription and Cancellation.
When visiting the Website, you may have the option of purchasing a product or group of products one time or through our Subscription plan where the payment card you provide at the time of enrollment is automatically charged on subsequent dates chosen by you to replenish your supply until you cancel. In our Subscription plan, you have the ability to control whether you automatically replenish your supply of certain products every 30, 60, or 90 days, with the payment card you provided at the time of enrollment and billed accordingly before shipment of the product on the date for replenishment selected by you until you cancel.
IF YOU ARE ENROLLED IN THE SUBSCRIPTION PLAN AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE SUBSCRIPTION PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE SUBSCRIPTION PLAN, YOU MAY DO SO AT ANY TIME BY E-MAILING SUPPORT@PRANCYPETS.COM.
If you participate in the Subscription plan using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20.4 below.
11. DMCA Notice.
This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Prancy Pets LLC
9 East Loockerman Street, Suite 202, Dover, DE 19901
Email Address: support@prancypets.com
Phone: 855-954-3738
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
12. Social media.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, TikTok, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our External Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Prancy Pets. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
13. Submitted materials; User generated content.
All information, ideas, suggestions, concepts, or other materials submitted by you voluntarily or at our request, such as questions sent to us via the Website or user-generated content on our Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with all applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export, and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain copies of all such data and information in your own records.
14. Testimonials, Reviews, and other Submissions.
Prancy Pets is pleased to hear from customers and welcomes your comments regarding our products and services. Prancy Pets. may use testimonials and/or product reviews in whole or in part in any media together with the name, city, and state of the person submitting it. You irrevocably consent to Prancy Pets’ use, publication, and distribution of any testimonial, review, or other submission by you and you expressly covenant not to sue and release Prancy Pets. from any and all claims and demands arising out of or in connection with such activity by Prancy Pets, including without limitation, any claims for right of privacy violations, right of publicity claims, and/or other intellectual property rights. Prancy Pets reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. You alone are responsible for any communication, message, and/or other content that you share with Prancy Pets You agree that your testimonial, review, or other submission does not violate any right of any third-party and that Prancy Pets has no responsibility and assumes no liability for any comments posted by you or any third-party.
Please be aware of the following:
Testimonials appearing on our Social Media Presence, Website, and any other sites owned and managed by Prancy Pets, are received via text, email, audio or video submission. They are individual experiences, reflecting the real-life experiences and opinions of those who use Prancy Pets products and/or services. However, the experiences are personal to those users and may not necessarily be representative of all users of our products and/or services. Individual results may vary.
TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF WHAT ANYONE ELSE USING OUR PRODUCTS AND/OR SERVICES MAY EXPERIENCE.
The testimonials are displayed verbatim except for grammatical or typing error corrections. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information. All testimonials are reviewed for authenticity before they are posted for public viewing.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. While many of our testimonials are unsolicited, some consumers received compensation in return for an honest review.
No testimonials have been clinically proven or evaluated.
15. Third-party websites and content.
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or 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.
15.1 PayPal
In order to be able to offer you PayPal’s payment options, we will pass to PayPal certain aspects of your personal information, such as contact and order details, in order for PayPal to tailor the payment options for you.
You can find general information on PayPal here. Your personal data is handled in accordance with applicable data protection laws and with the information in PayPal’s privacy policy.
16. No Medical Diagnosis or Treatment.
Prancy Pets is committed to improving the lifestyle of your pet. You understand, however, that our products and the statements on the Website have not been evaluated by the Food & Drug Administration or medical professionals, and our products and the information on the Website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the Website or provided to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You agree that you will cease immediately from using our products on your pet if he/she experiences any ill effects or unintended side effects of any product. Prancy Pets does not warrant or represent that all information about our products is error-free. All product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Prancy Pets does not warrant or represent that our products will provide your pet with any particular benefits, or that your results will match those of others who use our products. Individual results may vary. The representations and product disclaimers described above are inapplicable where prohibited by law.
17. Disclaimer of Warranties.
THE WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRANCY PETS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “PRANCYPETSPARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND PRODUCTS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY PRODUCT AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK.
18. Limitation of Liabilities.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL PRANCY PETS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY PRODUCTS PROCURED ON OR THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, 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 WEBSITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, PRANCY PETS IS FOUND LIABLE UNDER ANY THEORY, PRANCY PETS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $500.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO PRANCY PETS IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER PRANCY PETS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. Disputes.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Except as provided in subsection “20.8” below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, the Shipping & Returns Policy, our relationship, or your use or attempted use of the Website or any product or service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, Prancy Pets, or any involved third party may pursue a claim. Prancy Pets agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Prancy Pets. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended
20. Required Pre-Dispute Procedures.
We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to support@prancypets.com. Prancy Pets will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Prancy Pets or its designated representative(s) in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Dover, Delaware to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “20.8” below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
20.1 Commencing Arbitration.
You and Prancy Pets agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
20.2 Arbitration Location.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Dover, Delaware unless Prancy Pets otherwise agrees to arbitrate in another forum requested by you.
20.3 Organization, Rules, and the Arbitrator.
We each agree that any and all claims other than those exempted under subsection “20.8” below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “20.1” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Shipping & Returns Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Prancy Pets.
20.4 Fees.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
20.5 Governing Law and Award.
The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
20.6 Enforceability.
This provision survives termination of your account or relationship with Prancy Pets, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
20.7 Miscellaneous.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Prancy Pets and shall not be modified except in writing by Prancy Pets.
20.8 Exceptions.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Prancy Pets both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Prancy Pets will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in New York, New York: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Prancy Pets for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “20.8(i)” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “20.8(i),” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, and forever waive any challenge to said courts’ jurisdiction and venue.
20.9 Amendments.
Prancy Pets reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of a Prancy Pets product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Prancy Pets will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any products or services on or through the Website, or use or attempted use of a Prancy Pets product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT SUPPORT@PRANCYPETS.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
21. Electronic Communications.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
22. Indemnification.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Prancy Pets and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.
23. Severability.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Term and termination.
In the event that we terminate this Agreement for your material breach, Sections 16-19, Sections 21-22, and Section 24, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Prancy Pets.
25. Entire Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Prancy Pets, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
Contact us
If you have questions, please contact us by mail at:
Prancy Pets LLC
9 East Loockerman St, Suite 202
Dover, DE 19901
Or by email at: support@prancypets.com
