Terms of Service
Welcome to the website for Kitty Poo Club -- the direct to consumer
disposable litter box Kitty Poo Club LLC. (“
Company
,”
“
we
,” “
us
” or “
our
”).
These Terms of Use (“
Terms
”) apply to your access and
use of the website (“
Site
”) and other online products
and services (collectively, the “
Service
”) of the
Company.
Accepting these Terms
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF
THE TERMS BELOW.
Please read all of the terms before you use the Service. If a term
does not make sense to you, please let us know. If you don’t agree to
all of the terms below, you may not use the Service.
Modifications
We reserve the right to change these Terms from time to time. For
example, we may need to change these Terms if we come out with a new
feature. If we make changes, we will notify you by revising the date
at the top of the policy and, in some cases, we will provide you with
additional notice (such as adding a statement to our homepage or
sending you an email notification). We encourage you to review these
Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the
revised Terms are posted unless we notify you otherwise. If you
continue to use the Service after the revised Terms have been posted,
then you will be deemed to have accepted the changes to these Terms.
Privacy Policy
For information about how we collect, use and share information about users of the Service, please see our Privacy Policy
Rewards Program (Paw Perks)
Kitty Poo Club Rewards Program allows customers to accumulate and
redeem loyalty rewards "points", on an individual basis.
Earned “points” can be redeemed by members as coupons, and applied
to upcoming orders.
Points have no "real world" or cash value;
Points have no purpose or use except in exchange for benefits or
privileges (if any) offered by Kitty Poo Club;
Redemption offers may be time-limited or available only in
limited quantities;
Your points cannot be redeemed by any person or entity other
than Kitty Poo Club, or sold or otherwise transferred, or
redeemed for cash;
Upon termination of your membership for any reason, all points
are expired, to the extent permitted by law, regardless of how
they were acquired by you;
Kitty Poo Club's ability to accurately credit points to your
account based on your activities at social networking sites may
be restricted by the terms, conditions or functions of such
sites;
Points are not valid unless earned in strict compliance with the
requirements as established and intended by Kitty Poo Club, and
you shall not attempt to earn points by any means (including
without limitation, by using any script, bot or other automated
means) that only simulates compliance with the applicable
requirements; and
Some restrictions apply for referrals.
Kitty Poo Club's good faith determination of the amount of
points available to you hereunder shall be final and binding, to
the extent permitted by law.
Coupon codes, earned through our Rewards Program, are valid for
twelve (12) months from the date of issue, to the extent permitted
by law.
Coupon codes are not redeemable for cash, are non-transferrable
and are only redeemable to purchase Kitty Poo Club products.
These terms and conditions regarding the Rewards Program may be
updated by Kitty Poo Club at any time, so please refer here
regularly for updates.
Rewards Program (Paw Perks) Expiration Disclaimer:
Please note that, as part of our Kitty Poo Club Paw Perks program, all earned Paw Perks points are subject to expiration. Paw Perks points will expire 12 months after they have been earned. This policy is designed to encourage the active and timely use of your Paw Perks, ensuring that our rewards program remains dynamic and beneficial for all our valued members.
To maximize the benefits of your Paw Perks, we encourage you to redeem your points regularly. Our rewards catalog offers a variety of options to delight both you and your furry friend. Please keep in mind that once points expire, they cannot be reinstated or redeemed.
We understand that our members have busy lives, so we’ll do our best to provide timely reminders about your points status. However, we encourage all members to keep track of their Paw Perks points by logging into their account on our website, where you can view your points balance and expiration dates.
For more details on how to earn, track, and redeem your Paw Perks points, as well as other terms and conditions of the Paw Perks program, please refer to the Paw Perks section of our Terms of Service or visit our FAQ page.
Description of the Service
On our Site, you can find out more information about our company and
our products.
For more information about the Service or our products, please see
visit us at
http://kittpooclub.com
Right to Use the Service
On the condition that you fully comply with these Terms, the Company
grants you a limited, nonexclusive, non-transferable and revocable
license to access and use the Service for your own personal,
non-commercial use. Except as expressly authorized by these Terms, you
may not (a) modify, disclose, alter, translate or create derivative
works of the Service, (b) license, sublicense, resell, distribute,
lease, rent, lend, transfer, assign or otherwise dispose of the
Service, (c) disassemble, decompile or reverse engineer any of the
software components of the Service, (d) copy, frame or mirror any part
of the Service, (e) interfere with or disrupt the integrity or
performance of the Service, or (f) attempt to gain unauthorized access
to the Service or its related systems or networks.
Prohibited Use of the Service
You may not do any of the following in connection with the Service or
other users:
Use the Service in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying the
Service or that could damage, disable, overburden or impair the
functioning of the Service;
Use the Service for any illegal or unauthorized purpose or to engage
in, encourage or promote any activity that is unlawful or that
violates these Terms; or
Circumvent or attempt to circumvent any filtering, security
measures, rate limits or other features designed to protect the
Service, its users, or third parties.
The Company’s Rights
As between you and the Company, all information, materials and content
of the Service, including text, graphics, data, formatting, graphs,
designs, HTML, look and feel, photographs, music, sounds, images,
software, videos, designs, typefaces, source and object code, format,
queries, algorithms and other content is owned by the Company or is
used with permission. The Company reserves all rights not expressly
set forth in these Terms.
Feedback
Any suggestions, comments or other feedback you give us about the
Service (the “
Feedback
”) will constitute our
confidential information. We are free to use, disclose, reproduce,
license, distribute and exploit this Feedback as we see fit, without
compensation to you or any obligation or restriction because of any
intellectual property rights or otherwise.
Disclaimers
EXCEPT AS REQUIRED OTHERWISE OF THE COMPANY BY APPLICABLE LAW, THE
SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN
“AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS,
AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL
OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT
TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THE SERVICE.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL
LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO THESE TERMS, THE SERVICE, AND/OR THIRD-PARTY SERVICES OR
MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE
TOTAL LIABILITY OF THE COMPANY AND ITS DIRECTOR, EMPLOYEES, AGENTS,
AFFILIATES AND INVESTORS WILL NOT EXCEED USD$100.
Indemnification
You will defend, indemnify, and hold us harmless from and against any
actual or threatened suits, actions, proceedings (at law or in
equity), claims, damages, payments, deficiencies, fines, judgments,
settlements, liabilities, losses, costs, and expenses (including
reasonable attorneys’ fees, costs, penalties, interest, and
disbursements) arising from or related to your conduct with respect to
the Service or violation (or alleged violation) of these Terms or the
rights of any third party by you.
Changes to the Service
The Company reserves the right in our discretion to review, improve,
change or discontinue, temporarily or permanently, the Service and/or
any features, information, materials or content on the Service with or
without providing notice to you. The Company will not be liable to you
or any third party for any changes or discontinuance of the Service or
any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you
electronically regarding your use of the Service and that any notices,
agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that the communications be in writing. To withdraw your
consent from receiving electronic notice, please notify us at
support@kittypooclub.com
Suspension and Termination
The Company may suspend or terminate your rights to access or use the
Service for any reason or for no reason at all and with or without
notice at the Company’s discretion. All of the terms of these Terms
(excluding the license grant) will survive any termination or
suspension.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE
YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMIT THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
These Terms shall be governed by and construed in accordance with the
laws of the State of Ohio and the United States of America, without
resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in
any way to these Terms or the Service, you and the Company agree to
consult and negotiate with each other and, recognizing your mutual
interests, try to reach a solution satisfactory to both parties. If we
do not reach settlement within a period of 60 days, then either of us
may, by notice to the other demand mediation under the mediation rules
of the American Arbitration Association in Wooster, Ohio. We both give
up our right to litigate our disputes and may not proceed to
arbitration without first trying mediation, but you and the Company
are NOT required to arbitrate any dispute in which either party seeks
equitable and other relief from the alleged unlawful use of
copyrights, trademarks, trade names, logos, trade secrets or patents.
Whether the dispute is heard in arbitration or in court, you and the
Company will not commence against the other a class action, class
arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written
demand for mediation, any unresolved controversy or claim will be
resolved by arbitration in accordance with the rules of the American
Arbitration Association before a single arbitrator in Wooster, Ohio.
The language of all proceedings and filings will be English. The
arbitrator will render a written opinion including findings of fact
and law and the award and/or determination of the arbitrator will be
binding on the parties, and their respective administrators and
assigns, and will not be subject to appeal. Judgment may be entered
upon the award of the arbitrator in any court of competent
jurisdiction. The expenses of the arbitration will be shared equally
by the parties unless the arbitration determines that the expenses
will be otherwise assessed and the prevailing party may be awarded its
attorneys' fees and expenses by the arbitrator. It is the intent of
the parties that, barring extraordinary circumstances, arbitration
proceedings will be concluded within 90 days from the date the
arbitrator is appointed. The arbitrator may extend this time limit
only if failure to do so would unduly prejudice the rights of the
parties. Failure to adhere to this time limit will not constitute a
basis for challenging the award. Consistent with the expedited nature
of arbitration, pre-hearing information exchange will be limited to
the reasonable production of relevant, non-privileged documents,
carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that
any action at law or in equity arising out of or relating to these
Terms shall be filed only in the state and federal courts located in
Wooster, Ohio and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts over any suit,
action or proceeding arising out of these Terms or the use or the
Service.
General
Enforcement of these Terms is solely at the Company’s discretion.
Failure to enforce any part of these Terms in some instances does not
constitute a waiver of our right to enforce the same or other part of
these Terms in other instances. If any provision of these Terms is or
becomes unlawful, void or otherwise unenforceable (including the
warranty disclaimers and liability limitations above), then that
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision, and
the remaining provisions of these Terms will continue in full force
and effect. The section headings of these Terms are for reference
purposes only and will not affect the meaning or interpretation of
these Terms.
These Terms (and the other policies and terms referred to above) make
up the entire agreement between you and us regarding the Service, and
they supersede any prior agreements that may have been made.
Contact Us
If you have any questions about these Terms, please email us at
contact@kittypooclub.com
or send a letter to:
Kitty Poo Club, LLC
PO Box 782
Wooster, OH 44691
Notice for California Users
If you are a California resident, you may have these Terms mailed to
you electronically by sending a letter to the address above with your
electronic mail address and a request for these Terms. Under
California Civil Code Section 1789.3, California Website users are
entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing
at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or
by telephone at (800) 952-5210.
