Terms of Use and Conditions of Sale

IMPORTANT — PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of trypawlity.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by Arkan DN LLC ("Pawlity," "we," "our," "us"), is governed by the policies, terms, and conditions set forth below. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

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 16 OR IF YOU OPT-OUT.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our Website. Your continued use of the Website following the posting of any changes constitutes binding acceptance of those changes.

1. 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 and that you have the legal capacity to enter into a binding contract with us.

2. Privacy & Security Disclosure

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. General Conditions and Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You agree not to use the Website in any unlawful manner, including hacking, publishing abusive or defamatory material, infringing intellectual property rights, transmitting viruses, collecting others' personal information, or interfering with the security features of the Website.

Pawlity reserves the right to terminate your access to the Website if it determines that you do not comply with these Terms, provide false information, engage in conduct that harms Pawlity's interests, or for any or no reason whatsoever without prior notice.

4. Products Sold for Personal Use Only

Any products you purchase will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

5. No Veterinary Advice

The material on the Website is provided for general informational purposes only and is not intended as veterinary advice or as a substitute for seeking advice from a licensed veterinarian. The statements made on this Website have not been evaluated by the Food and Drug Administration. Pawlity products are not intended to diagnose, treat, cure, or prevent any disease or condition in animals. You should consult your veterinarian before making any changes to your pet's supplement or health regimen.

Pawlity does not guarantee that your pet will achieve specific health or wellness outcomes. Individual results may vary depending on factors unique to your dog, such as age, breed, weight, overall health, and existing conditions.

6. Modifications to the Website and Prices

We reserve the right to modify or discontinue access to the Website without notice at any time. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

7. Payment

All charges are in U.S. Dollars. By submitting payment information, you represent that you are fully authorized to use that card or account, that all payment information is complete and accurate, and that sufficient funds exist to pay the amount(s) due. We are not responsible for any fees your bank or credit card issuer may apply.

8. Order Placement and Acceptance

Your order confirmation does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment.

9. Subscriptions, Automatic Payment, and Cancellation

You may purchase a product one time or enroll in Pawlity's subscription plan where the payment card you provide is automatically charged each month unless and until you cancel. If you enroll, your card will be billed and the product shipped every 30 days, or other interval selected, from the date of your initial enrollment.

IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU MAY DO SO AT ANY TIME; HOWEVER, YOU MUST CANCEL PRIOR TO THE SHIPMENT OF YOUR NEXT SCHEDULED ORDER. TO CANCEL, EMAIL US AT INFO@TRYPAWLITY.COM OR MANAGE YOUR SUBSCRIPTION IN YOUR ACCOUNT PORTAL.

If your payment card fails to process for a subsequent shipment, you agree that we may contact you on any phone number or email address you provided for alternate payment information.

10. Shipping

Pawlity ships in accordance with our Shipping Policy or as indicated in your order confirmation. An accurate shipping address and phone number are required. We are not responsible for late or missing shipments resulting from incorrect shipping address information. If you discover a mistake with your order after it has been submitted, please contact us at info@trypawlity.com immediately.

11. Delivery Confirmation

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.

12. Returns and Refunds

Please visit the Refund & Return Policy on our Website for information about how to return a product or request a refund. All sales are final after 90 days from order fulfillment. After we receive your return, it may take several business days to process your refund.

13. Social Media

This section applies to everyone who interacts with our social media presence on Facebook, Instagram, TikTok, YouTube, or other platforms. Those platforms are not controlled by us and 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 Pawlity.

14. Disclaimer of Warranties

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Disclaimer of Liabilities

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PAWLITY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRODUCTS, OR YOUR USE OF THE WEBSITE. IF PAWLITY IS FOUND LIABLE UNDER ANY THEORY, PAWLITY'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND PAWLITY ON AN INDIVIDUAL BASIS.

You agree that any dispute or claim arising from or relating to this arbitration provision, Pawlity's Privacy Policy or Terms of Sale, Pawlity's advertising or marketing practices, or Pawlity's products or services shall be submitted to binding, final, and confidential arbitration before a single arbitrator administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration provision shall be governed by the Federal Arbitration Act ("FAA"). The arbitrator shall follow applicable substantive law of the State of New Mexico to the extent consistent with the FAA. The arbitrator may not hear class or representative claims.

Notwithstanding anything to the contrary herein, you agree that Pawlity has the right to bring a claim against you in the state or federal courts of New Mexico for injunctive relief, equitable relief, or otherwise arising from any potential or actual misappropriation or infringement of Pawlity's intellectual property rights.

You may opt out of arbitration within 30 days of the date that you purchased a product or service through Pawlity's Website by sending a letter to: Arkan DN LLC, Attn. Legal Department, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, stating your name, the product you purchased, and your intent to opt out of arbitration.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Pawlity, its parent, subsidiaries, successors and affiliates, and their respective officers, directors, agents, contractors, and employees, from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising out of (1) your breach of these Terms; (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.

18. Third-Party Websites and Links

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 carefully review the third party's policies before you engage in any transaction.

19. Testimonials, Reviews, and Other Submissions

Anything you submit or post to the Website (photographs, testimonials, ideas, reviews, comments, suggestions — collectively, "Submissions") will be treated as non-confidential and nonproprietary. We shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, and create derivative works from such Submissions. You agree that any Submission you provide is true and accurate and does not infringe the rights of any third party. These testimonials do not represent the generally expected user experience.

20. Intellectual Property Rights

The Content associated with the Website is owned or licensed by Pawlity (Arkan DN LLC) or authorized third parties and is protected by intellectual property, copyright, trademark, and trade dress laws. You are only permitted to access and view the Content for personal, non-commercial purposes. Except as expressly authorized by us in writing, you may not download, copy, sell, distribute, or otherwise exploit any part of the Website or Content. For notifications of claimed copyright infringement, contact our agent at info@trypawlity.com.

21. Electronic Communications

You agree that we may communicate electronically with you and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed.

22. Assignment

You may not assign any of your rights under these Terms. Pawlity and its affiliates may transfer all contractual rights and obligations if some or all of Pawlity's business is transferred to another entity by way of merger, sale of its assets, or otherwise.

23. No Waiver

No waiver by Pawlity of any term or condition shall be deemed a further or continuing waiver, and any failure by Pawlity to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

24. Severability

If 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 severed from these Terms.

25. Termination

In the event that we terminate this Agreement, Sections 2–5, 14–17, and 20–26, as well as any representations and warranties made by you, shall survive the termination of this Agreement.

26. Entire Agreement

These Terms and any policies posted by us on the Website constitute the entire agreement between you and Pawlity and supersede any prior or contemporaneous agreements.

27. Questions or Additional Information

Please contact Customer Support if you have any questions concerning your purchase.

28. International Shipping

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or obligations to another person if we agree in writing.

For orders shipping internationally, additional terms and conditions imposed by our international shipping and fulfillment partners may apply to you in addition to any relevant terms in this Terms of Sale.

Contact

Pawlity (Arkan DN LLC)
Email: info@trypawlity.com
Mailing Address: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States