Acceptance of Terms
Eligibility & Account Registration
Description of Products and Services
FDA Disclaimer; Veterinary Advice; Health Claims
Orders, Pricing, and Payment
Order Acceptance, Cancellation, and Refusal of Service
Promotions, Discount Codes, and Subscription Programs
Shipping and Delivery (Reference)
Returns, Refunds, and the 30-Day Satisfaction Guarantee (Reference)
Intellectual Property Rights
License to Use the Site
User Conduct and Prohibited Activities
User-Generated Content; Reviews; Testimonials
Third-Party Links and Services
Disclaimers of Warranties
Limitation of Liability
Indemnification
Governing Law and Jurisdiction
Binding Arbitration; Class Action Waiver
Force Majeure
Modifications to These Terms
Severability; No Waiver; Entire Agreement
Assignment
Electronic Communications and Notices
Contact Information
These Terms of Service (the "Terms") constitute a legally binding agreement entered into by and between you, whether personally or on behalf of an entity ("you" or "Customer"), and PawHerb concerning your access to and use of the Site, our products, and any related services (collectively, the "Services").
By accessing the Site, creating an account, placing an order, or otherwise using the Services, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, our Refund & Return Policy, and our Shipping Policy, each of which is incorporated herein by reference. If you do not agree with any provision of these Terms, you must immediately cease all use of the Site and the Services.
You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding contract, are not barred from receiving the Services under the laws of the United States or other applicable jurisdictions, and will use the Services only for lawful purposes and in accordance with these Terms.
If you create an account on the Site, you agree to: (a) provide true, accurate, current, and complete information; (b) maintain and promptly update such information; (c) maintain the confidentiality of your password and account credentials; and (d) accept responsibility for all activities that occur under your account. You agree to notify PawHerb immediately at hello@mypawherb.com of any unauthorized use of your account or any other breach of security. PawHerb shall not be liable for any loss or damage arising from your failure to comply with this Section 2.
PawHerb offers premium dietary mushroom-based supplements formulated for canine companions. Product descriptions, ingredient lists, suggested administration guidelines, and other product-specific information are made available on the Site. PawHerb endeavors to display product information as accurately as possible; however, we do not warrant that product descriptions, photography, colors, packaging, or other Site content are entirely accurate, complete, reliable, current, or error-free. Minor variations in packaging, labeling, or product appearance may occur and shall not constitute a defect or basis for return outside of the policies set forth herein.
4.1 FDA Disclaimer. The statements regarding PawHerb products on the Site, in marketing materials, and in connection with the Services have not been evaluated by the United States Food and Drug Administration. PawHerb products are not intended to diagnose, treat, cure, or prevent any disease.
4.2 Not a Substitute for Veterinary Care. PawHerb products are dietary supplements and are not pharmaceutical products. Information provided by PawHerb is for general informational purposes only and is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of a licensed veterinarian with any questions regarding your pet's health or before commencing any new supplement regimen.
4.3 Individual Results May Vary. Customer testimonials, reviews, and outcomes referenced on the Site reflect individual experiences and are not guarantees of results. Animal physiology varies, and PawHerb makes no representation that any specific outcome will be achieved by any individual animal.
4.4 Reliance. Any reliance you place on information provided through the Services is strictly at your own risk. You agree to consult a licensed veterinarian if your pet exhibits any adverse reaction.
5.1 Pricing. All prices are listed on the Site in United States Dollars (USD) and are exclusive of applicable taxes, shipping charges, duties, and fees, which will be calculated and disclosed at checkout. PawHerb reserves the right to change prices at any time without notice; however, posted prices at the time of order acceptance shall govern that transaction.
5.2 Payment. PawHerb accepts payment through the methods displayed at checkout. By providing payment information, you represent and warrant that: (a) you are legally authorized to use the payment method provided; (b) all information you provide is true and accurate; and (c) you authorize PawHerb and/or its third-party payment processors to charge the full purchase price (including taxes and shipping) to your designated payment method.
5.3 Errors. PawHerb reserves the right to correct any pricing, typographical, or photographic errors and to cancel any orders placed in reliance upon such errors, even after order confirmation and payment authorization.
5.4 Sales Tax. Sales, use, or value-added taxes will be applied to your order in accordance with applicable law based on the shipping destination.
Your placement of an order constitutes an offer to purchase. PawHerb's acceptance of your order occurs only upon shipment of the product. PawHerb reserves the right, in its sole discretion, to refuse, cancel, or limit any order at any time and for any reason, including without limitation: (a) suspected fraudulent activity; (b) inaccurate product or pricing information; (c) inventory limitations; (d) shipping restrictions; or (e) violations of these Terms. If your order is cancelled after payment has been processed, you will receive a full refund to the original method of payment.
Promotional codes, discounts, and offers are subject to the specific terms disclosed at the time of issuance, are non-transferable, may not be combined unless expressly stated, and may be modified or revoked by PawHerb at any time. If PawHerb offers a recurring subscription or "Subscribe & Save" program, additional terms applicable to that program — including billing cadence, cancellation rights, and renewal disclosures — will be presented at the point of enrollment and incorporated into these Terms by reference. You may cancel any subscription by contacting hello@mypawherb.com or via your account settings, subject to the cancellation cutoffs disclosed at enrollment.
Shipping is governed by the PawHerb Shipping Policy (Document IV), which is incorporated herein by reference. Title and risk of loss for products pass to you upon delivery to the carrier.
Returns and refunds, including the 30-Day Satisfaction Guarantee, are governed by the PawHerb Refund & Return Policy (Document III), which is incorporated herein by reference.
10.1 Ownership. The Site and all of its contents — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, photographs, product names, trademarks, trade dress, software, source code, formulations, branding, and the compilation thereof (collectively, the "Site Content") — are the exclusive property of PawHerb or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
10.2 Trademarks. "PawHerb," the PawHerb logo, and all related names, logos, and product names are trademarks of PawHerb. You may not use such marks without the prior written consent of PawHerb.
10.3 Reservation of Rights. All rights not expressly granted in these Terms are reserved by PawHerb and its licensors.
Subject to your compliance with these Terms, PawHerb grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for personal, non-commercial purposes. You shall not: (a) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site; (b) use any data mining, robots, scraping, or similar collection tools; (c) frame or mirror any portion of the Site; or (d) reverse engineer or attempt to extract source code from the Site, except as expressly permitted by applicable law.
You agree not to use the Services in any manner that: (a) violates any applicable law or regulation; (b) infringes the rights of any third party; (c) is fraudulent, deceptive, or misleading; (d) introduces viruses, worms, malware, or other harmful code; (e) interferes with or disrupts the integrity of the Site; (f) attempts to gain unauthorized access to any portion of the Site or related systems; (g) collects or harvests personally identifiable information of other users; or (h) impersonates any person or misrepresents your affiliation with any person or entity.
13.1 License. By submitting reviews, photographs, comments, suggestions, or any other content (collectively, "User Content") to PawHerb or the Site, you grant PawHerb a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such User Content in any media now known or hereafter developed, for any purpose, including without limitation marketing and advertising.
13.2 Representations. You represent and warrant that: (a) you own or control all rights in the User Content you submit; (b) the User Content does not violate these Terms or applicable law; and (c) the User Content is truthful and reflects your honest opinion or experience.
13.3 FTC Endorsement Compliance. If you have received any free product, discount, payment, or other consideration in exchange for a review or endorsement, you must clearly and conspicuously disclose that material connection in compliance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
13.4 No Obligation. PawHerb is not obligated to monitor, edit, or remove User Content but reserves the right to do so at its sole discretion.
The Site may contain links to third-party websites, products, or services that are not owned or controlled by PawHerb. PawHerb has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that PawHerb shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with use of any such third-party content, goods, or services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PawHerb does not warrant that the Site will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Site or the servers that make it available are free of viruses or other harmful components. PawHerb makes no warranty regarding any goods or services purchased through the Site beyond those expressly set forth in these Terms or required by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAWHERB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR PERSONAL INJURY (INCLUDING TO ANY ANIMAL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, OR THE PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PAWHERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PAWHERB'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAWHERB IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, PawHerb's liability shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless PawHerb, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Services or the products; (c) your violation of any applicable law or third-party right; (d) your User Content; or (e) any harm — including any injury, illness, or death to your pet or any other animal — arising from your use of the products in a manner inconsistent with the labeling, instructions, or veterinary advice. PawHerb reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with PawHerb's defense of such claim.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Subject to Section 19 (Binding Arbitration), the state and federal courts located in [County], Delaware shall have exclusive jurisdiction to adjudicate any dispute, and you hereby consent to the personal jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
19.1 Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a "Dispute") shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court for disputes within the scope of such court's jurisdiction.
19.2 Procedure. The arbitration shall be conducted by a single arbitrator, in the English language, and seated in [County], Delaware (or remotely at the option of the consumer party). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
19.3 Class Action Waiver. YOU AND PAWHERB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.
19.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to hello@mypawherb.com within thirty (30) days of first accepting these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out.
19.5 Severability of Arbitration Provisions. If the class-action waiver in Section 19.3 is found unenforceable, then the entirety of Section 19 shall be null and void, but the remainder of these Terms shall remain in full force and effect.
PawHerb shall not be liable for any failure or delay in performance under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, earthquakes, pandemics, epidemics, public-health emergencies, governmental orders, supply-chain disruptions, internet or telecommunications failures, or labor disputes.
PawHerb reserves the right, in its sole discretion, to modify or replace these Terms at any time. The most current version will be posted on the Site with a revised "Last Updated" date. Material changes will be communicated by email or via prominent notice on the Site. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. PawHerb's failure to enforce any right or provision shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy, the Refund & Return Policy, and the Shipping Policy, constitute the entire agreement between you and PawHerb concerning the Services and supersede all prior or contemporaneous communications.
You may not assign or transfer these Terms or any rights hereunder without the prior written consent of PawHerb. PawHerb may assign these Terms without restriction. Any unauthorized assignment shall be null and void.
By using the Services, you consent to receive electronic communications from PawHerb. Such communications may include notices about your account, transactional information, and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that PawHerb sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
For questions regarding these Terms, please contact:
Email: hello@mypawherb.com
Mailing Address: PawHerb / PawHerb, LLC