Terms of service

OVERVIEW
This website is operated by Paul's Custom Pet Food Kitchen + Market. Throughout the site, the terms “we”, “us” and “our” refer to Paul's Custom Pet Food Kitchen + Market. Paul's Custom Pet Food Kitchen + Market offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. 
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. 

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Paul's Custom Pet Food Kitchen + Market, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Paul's Custom Pet Food Kitchen + Market and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the United States. 

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@paulscustompetfood.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@paulscustompetfood.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] 
Welcome to the paulscustompetfood.com website (the “Website”). Use of and access to the services provided by Paul’s Custom Pet Food (the “Company”), as well as the Website, is subject to your compliance with these Terms of Use.  Please read these Terms of Use carefully before using our website and services (collectively referred to as the “Services”).
 
Paul’s Custom Pet Food reserves the right to limit or terminate your access to our Services if we determine in our sole discretion that you have failed to comply with these Terms of Use. Please also read our Privacy Policy before accessing our Services.
 
1. ACCEPTANCE OF TERMS

You accept these terms and our Privacy Policy by accessing or using the Website or our Services in any manner, even if you do not create an account with Paul’s Custom Pet Food. These Terms may be updated from time to time. We will notify you of any significant updates to these Terms at our sole discretion. Your continued use of our services signifies your acceptance of any changes. These Terms will always be available on this page for you to read. If you do not agree with these Terms, you are not permitted to register an account, sign in as a guest, make purchases, or otherwise access or use the Website or our Services in any manner. By accessing and using the Website in any way, you are representing that you are at least 18 years of age or visiting the Website under the supervision of a parent or guardian.
 
 
2. AGE RESTRICTION
 
You must be at least 18 years old in order to access or use the Website in any manner. Paul’s Custom Pet Food prohibits registration by any individual under the age of 18 years old. Paul’s Custom Pet Food is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13. If you are a parent or guardian and believe that a child under the age of 13 has used, accessed, or provided personally identifiable information to the Website, please contact lynn@paulscustompetfood.com.
 
 
3. USE OF WEBSITE
 
Subject to the terms and conditions of this Agreement, you are permitted to access and use this Website by displaying it on your Internet browser for your own information and for the purpose of shopping for items for personal use on our online store. You may not use this Website for any commercial use or on behalf of any third party, and you agree not to copy, display, publish, distribute, broadcast, or distribute any portion of the Website.
 
While we do our best to make your experience with the Website and our Services a pleasurable one, we cannot always foresee or anticipate difficulties, technical or otherwise. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that Paul’s Custom Pet Food Services are provided “AS IS.” Paul’s Custom Pet Food and any third-party service providers cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings. We reserve the right to change or discontinue, temporarily or permanently, the Website or the Service at any time without notice. You agree that Paul’s Custom Pet Food will not be liable to you or any third party for any modification, interruption, or discontinuation of the Service.
 
 
4. PAUL’S CUSTOM PET FOOD ACCOUNT
 
By using the Website and/or Services, or creating an account with Paul’s Custom Pet Food (an “Account”), you agree to provide true and correct information to the best of your ability whenever prompted by the Service to provide information or when otherwise requested by us. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your Account information or otherwise providing notice to Paul’s Custom Pet Food.
 
You agree that your Account will be for your exclusive personal use and that you will not allow any other person to use your Account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your Account ID and password and that Paul’s Custom Pet Food will not be responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity occurring on your Account, including any charges made to your Account. You agree to immediately notify Paul’s Custom Pet Food if there has been any unauthorized activity on your Account or if you suspect that there has been a breach of security of your Account.
 
You represent and warrant that you will not use the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, obscene, and/or illegal, and/or infringes the copyrights (right of an owner of written material) or other intellectual property of others.
 
We reserve the right to terminate your Account at any time if you violate these Terms of Use or the Company’s Privacy Policy, or for any other reason as determined by the Company in its sole discretion.
 
 
5. PURCHASE OF PRODUCTS
 
Paul’s Custom Pet Food offers certain products for sale on the Website (“Products”). All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. We reserve the right without prior notice to discontinue or change specifications on Products and services offered on the Website without incurring any obligations.
 
In order to purchase our Products, you will be required to enter a valid credit card. By providing a credit card associated with an Account or when checking out as a guest, you are hereby authorizing the Company to charge your credit card for all costs, shipping fees, and other expenses associated with your purchase.
 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the Account, the same credit card, and orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting you through the email, phone number, or address provided at the time of purchase.
 
You understand and agree that you are prohibited from reselling or redistributing any Paul’s Custom Pet Food Products in any manner. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
 
 
6. SHIPPING & RETURN POLICY
 
Paul’s Custom Pet Food only ships throughout the United States. We do not ship internationally or to P.O. Boxes. The estimated shipping costs and delivery dates will be displayed during checkout. Please note that certain products on our Website are available for in-store pickup only.
 
Paul’s Custom Pet Food DOES NOT PROVIDE REFUNDS OR RETURNS OR ANY FOOD PRODUCTS OR MERCHANDISE. If you receive a damaged or spoiled product, you should contact Paul’s Custom Pet Food immediately. Paul’s Custom Pet Food will replace damaged or spoiled products in its sole discretion. Paul’s Custom Pet Food cannot replace any products that are lost, damaged, or mishandled after a confirmed delivery.
 
This includes, but is not limited to, all food products, books, T-shirts, hats, posters, and other items for sale through the Website. Paul’s Custom Pet Food may provide limited refunds on educational classes if offered. Paul’s Custom Pet Food reserves the right to modify or change its refund policy at any time.
 
Paul’s Custom Pet Food may use a third-party carrier to ship certain items available for purchase on the Website. The Company is not responsible for any losses relating to the actions or inactions of any third-party carriers.
 
 
7. INTELLECTUAL PROPERTY
 
All information, products, services, graphics, icons, images, articles, software, and other materials, and the display, design, arrangement, and assembly of those materials (collectively “Content”) appearing on the Website are the exclusive property of Paul’s Custom Pet Food and/or its affiliates. The Content is protected by U. S. and international copyright laws. The publication, sale, or redistribution in any form or medium of the Content is strictly prohibited without prior written permission of Paul’s Custom Pet Food. Content that is publicly available on the Website may not be stored on a computer, except for personal and non-commercial use.
 
All trademarks, logos, trade dress, and service marks (collectively “Trademarks”) displayed on the Website are the exclusive property of Paul’s Custom Pet Food. The use of our Trademarks without express written authorization is strictly prohibited. You may not use, display, or publish our Trademarks for commercial purposes, in any way that would cause confusion among consumers, or in any manner that would disparage, discredit, or otherwise harm the reputation of Paul’s Custom Pet Food.
 
 
8. PRIVACY POLICY
 
Paul’s Custom Pet Food respects your privacy. By using the Website and our Service, you are consenting to the terms of our Privacy Policy.
 
 
9. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
 
EXCEPT AS OTHERWISE EXPLICITLY STATED IN THE TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE WEBSITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. Paul’s Custom Pet Food MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD ON THIS WEBSITE, EXCEPT AS EXPRESSLY STATED OTHERWISE. Paul’s Custom Pet Food HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.
 
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION ON THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Paul’s Custom Pet Food ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE WEBSITE. Paul’s Custom Pet Food CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, OR USED BY OTHERS.
 
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Paul’s Custom Pet Food BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE COMPANY’S SERVICE.
 
 
11. LINKS TO THIRD PARTY WEBSITES
 
This Website might contain links to third-party websites that are not under the control of Paul’s Custom Pet Food. Paul’s Custom Pet Food is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Paul’s Custom Pet Food is providing these links to you only as a convenience, and the inclusion of any link does not imply that Paul’s Custom Pet Food endorses or accepts any responsibility for the content on such third-party site.
 
 
12. RELEASE AND INDEMNIFICATION BY USERS
 
You agree to forever release, indemnify, defend, and hold harmless Paul’s Custom Pet Food, its directors, affiliates, officers, subsidiaries, employees, agents, licensors, attorneys, independent contractors, and providers from and against any and all claims, loss, expense, or demand of liability, including attorneys’ fees and costs, arising out of your use or inability to use the Services. Paul’s Custom Pet Food reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the written consent of the Company.
 
 
13. ARBITRATION
 
Please read this carefully. It affects your rights. Paul’s Custom Pet Food and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Paul’s Custom Pet Food and you.
 
A party who intends to seek arbitration must first send a written notice to Paul’s Custom Pet Food of its intent to arbitrate (“Notice”). The Notice to Paul’s Custom Pet Food should be sent by any of the following means: (A) electronic message by sending an email to paul@paulscustompetfood.com, or (B) sending the Notice by U.S. Postal Service certified mail to Paul’s Custom Pet Food LLC at P.O. BOX 794, NEW MILFORD, CT 06776. The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Paul’s Custom Pet Food may commence an arbitration proceeding.
 
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
 
You agree that, by entering into this Agreement, you and Paul’s Custom Pet Food are waiving the right to a trial by jury.
 
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Paul’s Custom Pet Food agree that YOU AND Paul’s Custom Pet Food MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
 
 
14. MODIFICATIONS TO TERMS OF USE.
 
Paul’s Custom Pet Food may change, modify, update, add, or remove portions of these Terms of Use at any time. Please review these Terms of Use periodically for changes. Your continued use of the Company’s Service following the posting of any changes will signify your acceptance of those changes.
 
 
15. MISCELLANEOUS
 
These Terms of Use constitute the entire agreement between you and Paul’s Custom Pet Food regarding this subject matter and govern your use of the Website. By accessing the Website, you agree that the statutes and laws of the United States and the State of New York, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website and the use of Paul’s Custom Pet Food’s services.
 
The failure of Paul’s Custom Pet Food to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
 
Direct Questions or Notices to:
 
lynn@paulscustompetfood.com
 
Paul’s Custom Pet Food LLC
84 Railroad Street
New Milford, Connecticut 06776