TERMS OF USE
TERMS OF USE
This website and all subdomains, (collectively, the “Site(s)”) are operated by Slurp, Inc. (“Wolf Spring” “Slurp” “we” or “us”). These terms of use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our Sites.
To the extent rules or guidelines affecting your use of the Sites are found on other pages of our Sites, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using our Sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Sites.
Description of Service
Our Sites provide information about Wolf Spring’s products, allow users to purchase Wolf Spring’s products, and provide different ways to interact with Wolf Spring through newsletters, blogs, social media, and other outlets. Our Sites may contain text, photographs, videos, audio clips, or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Sites in the future, their use is subject to these Terms of Use.
Purchases
While we make our best effort to provide you with up-to-date information regarding available products, availability is subject to change at any time. Wolf Spring makes no representations or warranties regarding the availability of any product. In the event of a technical or clerical error in the published availability of any product, Wolf Spring reserves the right to cancel your order and provide a refund or replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto. In the event you make a purchase with us, you agree that you will make all purchases in good faith and not based on speculation or fraud.
Registration On Our Sites
Certain features of our Sites (such as making a purchase) may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Sites to receive information, subscribe to email lists, or enter a promotion. If you wish to register on our Sites, you agree to provide accurate information about yourself and your dog(s) as required by the applicable registration form. You also agree that you will only register one account on the site. We reserve the right to suspend or terminate your use of our Sites if we discover that you have violated these Terms of Use. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.
Subscription
When you purchase product(s) on our Sites and enroll in our subscription program, you are signing up for continuous shipments of such products and may select how often you would like your product(s) delivered to you. You may change your periodic delivery schedule at any time (including on a one-time basis), as well as your shipping address, payment method, and products included in the program. Additionally, when you purchase certain products designated as “Subscribe & Save” eligible, and enroll in the Subscription program for such products, you will save an additional percentage on our everyday prices.
We reserve the right to change Subscription benefits at any time in our sole discretion, including discount amounts and eligibility used to determine discount amounts; provided, however, we will not change the price of your next shipment once you have authorized an order as set forth in these Terms. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last.
Notifications; Automatic Order Creation; Order Changes or Cancellation:
When you place your initial order for a product and enroll in our Subscription program, you will receive a notice that your subscription has been created and your first order will be processed. Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel.
For subsequent orders of products included in the Subscription, you can edit or cancel your order up to 12:00 AM the day preceding your next ship date (i.e., the day prior to your ship date). If you do not cancel the order before the day prior to your ship date, your order will be authorized, and a credit card authorization hold will be placed on the payment method used to create your subscription or updated payment method you may provide. You will see a pending charge during this time as we prepare your order. There is no need to call or update any information online when you see this pending charge.
Credit Card Authorizations and Charges:
When you sign up for continuous shipments on subscription, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. We will submit periodic charges (e.g. monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method. Approximately 24 hours prior to your designated ship date, your order will be authorized, and a payment authorization hold will be placed on your chosen payment method. Once your order is processed, your payment method will be charged for the authorized amount. For clarification purposes only, a payment authorization hold is not an actual charge, e.g., if an authorization hold is placed for $33 on January 1 and your payment method is charged $33 on January 2 when your order is shipped, you will only see one actual charge on your payment method on January 2 for $33. An authorization hold may impact the amount of remaining credit available to you under your chosen payment method.
Pricing; Payment; Renewal; Cancellation:
The amount you are ultimately charged for a product delivered pursuant to our subscription program will be the price of that item as stated in the pre-shipment email notification you receive. Once your order has shipped, your chosen credit card or other payment method will be billed this amount. The total cost charged to your payment method for each subscription order will be the price of the item, less the Subscribe & Save discount or any other discount, if applicable, plus any applicable shipping charges and sales tax.
The charge for each subscription item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your subscription order with the payment method you used to create your subscription, we will notify you and give you the opportunity to add another payment method in your account and to charge the payment method for your subscription order.
Your subscription will remain in effect until it is cancelled. You can cancel at any time by sending an email to woof@wolfspring.dog.
Subscription agreement changes
We may, in our sole discretion, change these Terms, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.
Additional Terms
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. Products are only available for shipping within the forty-eight (48) contiguous US states. Your participation in the subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization. Subscriptions are void where prohibited.
Additional Policies and Agreements
Our Privacy Policy describes the information we collect when you and others use our Sites, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.
Your purchase of products on our Sites may be subject to additional terms and conditions, including our policies on product returns or exchanges, which will be presented to you when you make a purchase.
Modifications and Interruption to the Sites
We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites and Third-Party Content
Certain areas of the Sites and our payment processing functions may be operated on behalf of Wolf Spring by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. Wolf Spring is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.
Our Sites may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.
Some of the Content, services, and features on our Sites, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Sites created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Sites. You acknowledge that any reliance on representations and warranties provided by any party other than Wolf Spring will be at your own risk. You expressly agree to hold Wolf Spring harmless for any claims of damage arising from any Content, product, or service provided by any third party.
Your Representations
As a condition of your right to use the Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SLURP, INC., ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “WOLF SPRING PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITES (INCLUDING WITHOUT LIMITATION, PARTICIPATION IN OUR LOYALTY PROGRAM), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WOLF SPRING PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE WOLF SPRING PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY WOLF SPRING PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WOLF SPRING PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION FOR YOUR DOG AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL VETERINARIAN ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR DOG’S HEALTH, YOU SHOULD ALWAYS CONSULT WITH A VETERINARIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PET-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, VETERINARY OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE, VETERINARY AND COUNSELING INCLUDES, WITHOUT LIMITATION, ANIMAL NUTRITION OR PROVIDING HEALTH OR VETERINARY CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Indemnification
You agree to indemnify and hold the Wolf Spring Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Sites in a manner not permitted by Wolf Spring, including without limitation your actual or alleged violation of these Terms of Use.
User-Submitted Content and User Conduct
Any content, whether uploaded, posted, submitted, or otherwise made available on our Sites or to Wolf Spring, including without limitation social media posts displayed on our Sites or referencing any of our social media sites, or any other content which does not originate with a Wolf Spring Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Wolf Spring Party be liable in any way for any User Content made available through our Sites or in connection with any of our social media accounts. We may not review all User Content on our Sites, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.
You agree that you will not use our Sites to transmit or make available any Content that:
violates any laws, contains any threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;
infringes any intellectual property rights or other rights of any party;
violates any person’s rights of privacy or publicity;
you know or have reason to know is false, misleading, or fraudulent;
you do not have a right to make available under any law or under contractual or fiduciary relationships;
employs any techniques to disguise the origin of the Content submitted;
contains any unsolicited or unauthorized advertising or promotional materials;
incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment;
contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Sites to:
engage in any conduct which might be harmful to any individual;
impersonate or misrepresent your affiliation with any person or entity;
engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Sites, servers, or networks connected to them. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move, or remove any User Content that is posted on our Sites or prohibit your access to our Sites in the event of a violation of these Terms of Use.
Ownership of User Content
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Sites. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting Wolf Spring, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.
User Feedback
All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Wolf Spring. By submitting Feedback to Wolf Spring, you assign to Wolf Spring, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Copyright and Trademark Information
All Content, copyrights, and other intellectual property rights in the Content available on our Sites, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Wolf Spring, with all rights reserved, or in some cases may be licensed to Wolf Spring by third parties. This Content is protected by the intellectual property rights of Wolf Spring or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Wolf Spring.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on our Sites which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:
your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;
your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement via email to woof@wolfspring.dog. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Wolf Spring to terminate use of our Sites by repeat infringers in appropriate circumstances.
Other Content Complaints
If you believe that any Content on our Sites violates these Terms of Use or is otherwise inappropriate, please report the Content by sending an email to woof@wolfspring.dog.
Mobile Devices
Separate versions of our Content or our Sites may be available for use on mobile devices. If you access our Sites or Content on mobile devices, you understand that your mobile carrier’s standard charges will apply.
Arbitration
Any dispute arising out of or relating in any way to your use of our Sites or any products, services, or information you receive through our Sites, shall be submitted to confidential, binding arbitration in New York, New York, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of New York, New York, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Governing Laws
The laws of the state of New York and the United States govern these Terms of Use and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal, or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in New York City, New York will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of our Sites after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
Other Terms
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Wolf Spring. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Wolf Spring, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Sites. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding sharing social media content to the Sites or associated social media accounts, constitutes the entire agreement between you and Wolf Spring regarding your use of the Sites, and that any other prior agreements between you and Wolf Spring are superseded by these Terms of Use. Any failure by Wolf Spring to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Us
If you have any questions about these Terms of Use, please feel free to contact us by email at woof@wolfspring.dog.
Effective Date of this Terms of Use: April 1, 2020.