Terms & Conditions

Last Updated: February 14, 2024

OVERVIEW

This Terms and Conditions document constitutes our Terms of Service, encompassing the User Agreement, Cancellation Policy, Terms of Use, and Privacy Policy, collectively referred to as "Terms and Conditions." These Terms and Conditions govern the relationship between Odinpets LLC ("Odinpets," "we," "our," or "us") (based in address)  and you, the user ("you" or "User"), in connection with this website and its associated business operations.

By accessing and using the website https://www.odincats.com ("Odinpets" or "the Site"), or any affiliated websites, and by registering for our services ("Services"), you agree to be legally bound by this agreement, referred to as the "Terms and Conditions." This binding agreement exists between you and Odinpets LLC, a limited liability company organized under the laws of the State of Deleware ("the Company" or "Odinpets").

We strongly recommend that you carefully read and understand the following terms:

USER AGREEMENT

MEMBER'S MEMBERSHIP INFORMATION

You hereby commit to providing Odinpets with accurate, complete, and up-to-date information regarding your registration and billing details. Any Member who provides Odinpets with false, incomplete, or outdated information may be prohibited from further use of the Site and may face civil and criminal liability.

You also agree to supply Odinpets with a valid email address for site verification purposes and to ensure service quality. By doing so, you consent to receiving verification emails from the Company and emails related to the Site's services. As a registered Member of the Site, you further agree to receive commercial emails concerning the site's services and products, as well as those of our partners.

You are solely responsible for all activities you engage in on the Site and through our Service, including those conducted via mobile phone and/or email address. Please note that as a Member, you are prohibited from allowing any other individual to use your account. You must maintain strict confidentiality of your account information and refrain from disclosing it to others. By signing up as a Member of the Site, you expressly agree not to forward, publish, or disseminate any Content to third parties through any means of communication or distribution.

You are not allowed to transfer or assign any of your rights or obligations under these Terms and Conditions, including your username and password, to any other individual or entity. In the event of a suspected security breach, such as the loss, theft, or unauthorized disclosure or use of your username or password, you must promptly notify Odinpets. Members who are prohibited from further Site usage may not access the Site or receive any Services without the Company's prior written permission.

BILLING

By registering to become a Member of our Site and accessing Content from our Service, you agree to the billing terms and costs displayed on our Site during the registration process. Your membership and access to our Services are expressly conditioned on your agreement to pay all applicable fees associated with your membership.

SUBSCRIPTIONS AND USER COMMUNICATION
Your subscription will automatically create a new order according to your chosen delivery schedule, until you cancel, in accordance with these Terms and Conditions. We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. Availability of product order subscriptions are subject to change at any time at the sole and absolute discretion of Us. If there are any changes to Your payment terms, We shall notify You as soon as reasonably possible. The current product order subscription rate which will appear on Member credit card bill, will be debited from Member account, charged to Member’s account in accordance with Member’s selected payment means.

AUTOMATIC RECURRING BILLING
In accordance with these Terms and Conditions of the Site, any subscription fees for product orders that are created be automatically renewed at each interval of time that the Member designates, unless notice of cancellation is received from the Member. Unless and until this agreement is cancelled in accordance with the terms hereof, Member hereby authorizes Us to charge Member’s chosen payment method to pay for the ongoing cost of the product order subscription. Member hereby further authorizes Us to charge member’s chosen payment method for any and all additional purchases which are made on the Site. In the event of an unsuccessful recurring payment, an administration fee may be applied in order to keep a subscription temporarily active until the full subscription fee can be processed successfully. If you have any questions about membership billing, please feel free to contact the Company’s customer service at: hello@odincats.com

REFUNDS
If you are not satisfied with an item that you have purchased, you may return the item within fourteen (14) calendar days from the order date for a full refund of the purchase price, minus the shipping and handling. In order to be eligible for a refund, you must return the unused or used product in good condition. If the reason for a return is that the product is damaged, You are required to provide proof of damage (by way of a picture or any other acceptable proof) in order to be eligible for a refund.

CANCELLATION POLICY
In order to cancel a product order subscription, User must cancel a subscription at least five (5) business days prior to the next billing cycle of the subscription. Cancellation of a product order subscription that is made five (5) business days or more before the next billing cycle will terminate your product subscription before the next payment period commences. Cancellation of a product order subscription that is made less than five (5) business days before the next billing cycle will be effective in terminating your product subscription after the next payment period commences. No refunds will be issued for any subscription fees. Members are liable for charges incurred until the date of the termination. If you cancel your subscription and then reactivate it, the previously applied discount to any subscription eligible item may not be available or may not be the same discount that was in effect at the time of cancellation.
CARDHOLDER DISPUTES/CHARGEBACKS All chargebacks are thoroughly investigated and may prevent future purchases through Our payment processor, depending on the particular circumstances. Fraud claims that are submitted may result in the prevention in the suspension of our Service and/or the prevention of future payments from being made by Member’s issuer.

TERMS OF USE

SITE CONTENT
In order to enable the Services through the Company and to facilitate the provision of Services by the Company to the Members, you agree as follows: You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or that are transmitted through Our Services. All such information and content is owned or licensed by the Company. In addition, the Company shall be entitled to cause You to cease using the Site and obtaining any Services, and to terminate your Member account immediately in the event that the Company deems You to be in violation of these Terms and Conditions. All materials on the Site, including pursuant to the provision of any Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and United States and/or worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company.

 

AUTHORIZATION OF USE
Members to the Site are hereby authorized a single access rights to access the service or material located at the Site. This access rights shall be granted for sole use to one Member. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site, Our Service is strictly prohibited unless authorized by Us in writing. The Site reserves the right to terminate a Member’s access rights to the Site at any time if the provisions to these Terms and Conditions are breached.

 

LIMITATION OF WARRANTIES
You expressly understand and agree that: 1) any material downloaded or otherwise accessed through the use of the Service is done at Your own discretion and risk and that You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. 2) no advice or information, whether oral or written, obtained by You from Company or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.

 

 

 

 

 

DISCLAIMER

ODINPETS PROVIDES THE SERVICE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". ODINPETS TRIES TO KEEP THE SERVICE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ODINPETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. ODINPETS DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ODINPETS IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE ODINPETS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. USER UNDERSTANDS THAT ODINPETS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING OR OTHERWISE ACCESSIBLE FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY MEMBER PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. ODINPETS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR MEMBER USE OF THE INTERNET. USERS USE OF THE SITE IS AT THEIR OWN RISK. MATERIAL CONTAINED ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ODINPETS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ODINPETS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE, MESSAGES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ODINPETS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ODINPETS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT ODINPETS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT OR SERVICES. ODINPETS MAKES NO WARRANTIES THAT MEMBER USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ODINPETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS.

 

IN NO EVENT WILL ODINPETS OR ITS PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (even if ODINPETS has been advised of the possibility of such damages), AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, EVEN IF ODINPETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ODINPETS WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SERVICE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) ANY UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, (f) YOUR USE OR INABILITY TO USE THE SERVICE, (g) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR (h) ANY OTHER MATTER RELATED TO THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

 

 

 

 

 

 

MISCELLANEOUS

NOTICE: Notices by the Site to Members may be given by means of electronic messages through the Site, Messages, and/or Services, by a general posting on the Site, or by electronic mail or mobile messaging. Notice or communications by Members or Users to Company shall be in writing and shall be deemed effectively given:

Upon personal delivery to the party to be notified.

When sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient, and if not so confirmed, then on the next business day.

Five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid.

One (1) day after deposit with a nationally recognized overnight courier, specifying next-day delivery, with written verification of receipt.

All communications, inquiries, questions, complaints, or notices regarding the site must be directed to: hello@odincats.com.

MERGER & INTEGRATION: These Terms and Conditions comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you.

SEVERABILITY: If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of these Terms and Conditions are invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

HEADERS AND FOOTERS: Headers and Footers of sections in these Terms and Conditions are included for convenience only and shall not be used to interpret these Terms and Conditions.

WAIVER: No failure or delay on the part of Company in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles thereof relating to conflict of laws.

ACKNOWLEDGEMENT: BY USING THE SERVICE AND COMPANY’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS IN THEIR ENTIRETY, AND THAT YOU AGREE TO BE BOUND BY THEM.

Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site or the Service. The Company shall vigorously enforce all these rules and regulations. These Terms and Conditions contain disclaimers as well as exclusive remedy provisions. The Company may, from time to time, change the Terms and Conditions, including with respect to billing. You agree to review the Terms and Conditions and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a Member due to the change in the Terms and Conditions or the relevant rules and regulations, you may terminate your membership as provided herein. Please note that your continued use of the Site and any Services following any change to the Terms and Conditions or the relevant rules and regulations constitutes acceptance of all such changes. Bypassing our billing system is strictly forbidden.

REPRESENTATIONS & WARRANTIES: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.

UPDATES: Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Please review the text and make any additional adjustments or changes as needed to ensure it accurately reflects your terms and requirements.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

 

User Opt In: 

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

 

User Opt Out:

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of health, lifestyle and personal care products and services. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us (the “Platform”).

 

Support Instructions:

For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@odincats.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

 

Participant Requirements: 

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use of 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.

 

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

DISPUTE RESOLUTION

In the event of any dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC., or any third-party service provider acting on Our behalf to transmit the mobile messages as part of the Program, related to federal or state statutory claims, common law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity, including determining the scope or applicability of this arbitration agreement, such dispute will be resolved through arbitration in Los Angeles, California, conducted by one arbitrator. The arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator will apply the substantive laws of the Federal Judicial Circuit in which Odinpets LLC’s principal place of business is located, without regard to conflict of laws rules. If the parties cannot agree on an arbitrator within ten (10) calendar days, a party may ask the AAA to appoint an arbitrator, who must meet the same experience requirements. The arbitrator will decide the enforceability and interpretation of this arbitration agreement under the Federal Arbitration Act (“FAA”). The AAA's rules for Emergency Measures of Protection will apply instead of seeking emergency injunctive relief from a court. The arbitrator's decision will be final and binding, with limited rights of appeal as provided by section 10 of the FAA. Each party will share the arbitrator's and administration fees, but the arbitrator may order one party to pay a portion or all of these fees as part of a reasoned decision. The arbitrator can only award attorneys' fees as allowed by statute or contract, and punitive damages are not permitted. The arbitration will be conducted on an individual basis, and class arbitration or claims as a plaintiff or class member in any class or representative arbitration are not allowed. The parties may not disclose the existence, content, or results of the arbitration without both parties' written consent, except as required by law. If any part of this arbitration section is invalid or unenforceable in any jurisdiction, it will not affect the validity or enforceability of the rest of this section in other jurisdictions. In the event of litigation instead of arbitration, both parties waive the right to a jury trial. This arbitration provision will remain in effect even if you cancel or terminate your participation in any of our Programs.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

 

Odinpets (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section above. This Agreement is limited to the Program and does not modify other Terms and Conditions or Privacy Policy that may govern your relationship with Us in different contexts.

 

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by actively opting into the Program, for instance, through online or application-based enrollment forms. Regardless of the method used for opting in, you acknowledge that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receiving marketing mobile messages sent through an autodialer at the phone number you provided, and you understand that consent is not required for making purchases from Us. While you consent to receive autodialed messages, this does not imply that all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Standard message and data rates may apply.

 

User Opt Out: If you wish to discontinue your participation in the Program or no longer agree to this Agreement, you must reply with the keywords STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out of the Program. You may receive an additional mobile message confirming your opt-out decision. You acknowledge that these provided options are the only reasonable means of opting out. Any other opt-out method, such as texting different words or verbally requesting removal by one of our employees, is not considered a reasonable means of opting out.

 

Duty to Notify and Indemnify: If you plan to cease using the mobile phone number associated with your Program subscription, whether by canceling your service plan or transferring the number to another party, you agree to complete the User Opt Out process mentioned above before discontinuing your use of that mobile number. You understand and agree that your commitment to do so is a significant aspect of these terms and conditions. Furthermore, you agree that if you stop using your mobile number without notifying Us of this change, you will be liable for all costs, including attorney fees, and liabilities incurred by Us or any party involved in delivering mobile messages due to claims by individuals assigned that mobile number later on. This duty and agreement remain effective even after the cancellation or termination of your Program participation.

 

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY ARISING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU PROVIDED, INCLUDING

 

 

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Prohibited Content: You acknowledge and agree not to transmit any prohibited content via the Platform. Prohibited content includes:

 

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Offensive content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

Unauthorized distribution of pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that violates applicable laws in the jurisdiction where it is received;

Content that involves or references protected personal health information under the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

 

Dispute Resolution: In the event of any dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript, or any other third-party service provider transmitting mobile messages as part of the Program, related to federal or state statutory claims, common law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity, including determining the scope or applicability of this arbitration agreement, such dispute will be resolved through arbitration in Delaware before one arbitrator.

 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Odinpets LLC’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages regarding any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements to the Program will be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time, and any updates will be communicated to you. You acknowledge your responsibility to review this Agreement periodically and stay informed of any changes. By continuing to participate in the Program after any changes, you accept this Agreement as modified.

 

MISCELLANEOUS

NOTICE: Notices by the Site to Members may be given by electronic messages through the Site, Messages, and/or Services, by general posting on the Site, or by electronic mail or mobile messaging. Notices or communications by Members or Users to the Company shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the party to be notified, (b) when sent by confirmed electronic mail or facsimile during the recipient's normal business hours, and if not confirmed, then on the next business day, (c) five (5) days after being sent by registered or certified mail with return receipt requested, postage prepaid, or (d) one (1) day after deposit with a nationally recognized overnight courier for next-day delivery, with written verification of receipt. All communications, inquiries, questions, complaints, or notices regarding the site must be directed to: hello@odinpets.com.

 

MERGER & INTEGRATION: These Terms and Conditions constitute the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you.

SEVERABILITY: If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of these Terms and Conditions are invalid or unenforceable but that limiting such provision would make it valid or enforceable, then that provision shall be deemed to be written, construed, and enforced as limited.

HEADERS AND FOOTERS: Headers and footers in these Terms and Conditions are included for convenience only and shall not be used to interpret these Terms and Conditions.

WAIVER: No failure or delay on the part of the Company in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to