BUDDY CUSTARD TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE APP BECAUSE ACCESSING OR USING THE SITE OR THE APP CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BUDDY CUSTARD.

YOU UNDERSTAND THAT BY CHECKING THE “AGREE” BOX FOR THESE TERMS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THE BUDDY CUSTARD SITE YOU ARE AGREEING TO THESE TERMS OF USE AND THAT SUCH ON-GOING ACTIONS IN USING THE SITE CONSTITUTES A LEGAL SIGNATURE AND ON-GOING AGREEMENT TO THESE TERMS OF USE (IN WHATEVER FORM).

Use of the Website, App and Company Products

Buddy Custard, Inc. (“Buddy Custard,” “we “, “us“, or “our “), owns and operates this website located at BuddyCustard.com (“Website,” and collectively with any affiliated mobile application (“App”), the “Site”). The Site is intended to facilitate the provision of the Buddy Custard products (“Products”) to purchasers. The “Products” include the formulation of various pet nutraceutical products, including its flagship product, “Buddy Custard,” which involves the use of flax seed oil, as more fully described in the website www.BuddyCustard.com.   Please read these terms and conditions (“Terms of Use”) carefully because they set forth the important terms you will need to know about the Products. In these Terms of Use, the terms “you” and “yours” refer to the person using the Products.

The Site, App and Products are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted these Terms of Use. By visiting, accessing, registering with or using the Site, the App, or by purchasing or using any Products through the Site or the App, you represent and warrant to Buddy Custard that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and the App and for purchasing any Products through the Site or the App, and you may only use them for lawful purposes.

The Terms of Use are Subject to Change

Your access to and use of the Products is subject to these Terms of Use as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Products or any information or Content provided through the Products, as defined in these Terms of use. The Products are continually under development, and Buddy Custard reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Products is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Products. Your continued use after a change has been posted constitutes your acceptance of the changes.

Areas of Operation and Restrictions

Our Products are currently only available to individuals located in the United States and Canada (“States Where We Operate”). Buddy Custard makes no representation that the App is appropriate or available for use in locations outside the States Where We Operate.

Privacy Policy

Buddy Custard respects your privacy and understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available on the Site for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Your Relationship with Buddy Custard

Buddy Custard provides products designed to assist and support the health of your pets.  That said, no statement regarding the impact on health of any of the Products has been evaluated by the Food and Drug Administration (FDA).  As such, the Company must state clearly:  The Products developed by the Company are not intended to diagnose, treat, cure or prevent any disease whatsoeverAny Company Product customer must consult directly with their own treating healthcare provider concerning the use of Company Products prior to using such Products.

By accepting the Terms of Use, you understand and agree, on behalf of yourself and your pet, with the foregoing statement of the Company and agree to consult with your healthcare provider before using any Company Products for your pet.  You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to comply with the foregoing.

Products Disclaimer

COMPANY PRODUCTS ARE CREATED TO ASSIST AND SUPPORT THE HEALTH OF PETS.  THAT SAID, THESE statements HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA).  AS SUCH, THE COMPANY MUST STATE:  COMPANY PRODUCTS ARE NOT INTENDED TO TREAT, CURE OR PREVENT ANY DISEASE.

Website and App Content

Other than the personalized content we send you through an in-Site message, you should not consider Content on the Site to be medical advice.

User Registration and Accounts

You are obligated to register with Buddy Custard in order to access the Products, although certain pages of the Site are accessible by any individual and subject to the Terms of Use available on the Site. However, the Products are available only to users who have registered with Buddy Custard who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Buddy Custard. If you do not maintain such information, or Buddy Custard has reasonable grounds to suspect as much, Buddy Custard has the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Buddy Custard of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service. Buddy Custard reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Secure User account.

You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. Creating more than one account substantially limits our ability to provide appropriate care. Buddy Custard explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

Subscription Plans and Renewal

You understand and acknowledge that, with the exception of any free trial periods, upon your election, Buddy Custard will charge you a recurring subscription fee in exchange for your right to access and use the Products in accordance with these Terms of Use. At the start of each subscription period, Buddy Custard will charge the Product subscription fee to your credit card or debit card on file with Buddy Custard, as identified in your user account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Site and/or the App.

You may cancel your subscription at any time. If you do not cancel your subscription before the end of the then-existing subscription period, then your subscription will automatically renew on a monthly basis and Buddy Custard will bill you for, and you must pay for, the subsequent monthly subscription period. If you cancel your subscription prior to the end of the then-existing monthly subscription period, then your right to access and use the subscription-only pages of the Site and the App, as applicable, may continue through the end of said then-existing monthly subscription period.

Devices and Modification (a/k/a “Jailbreaking”)

Certain portions of the Site and/or the App may be configured for, and Buddy Custard may offer the Products App through, computers, tablets, smart phones and/or other electronic devices (“Device(s)”), and these Terms of Use shall apply with equal force and measure to your visit, access, registration with and use of the Site, the App and Products through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site and/or the App. Buddy Custard does not guarantee that the Site, the App or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access or use the Site or the App through a particular Device, then you hereby acknowledge and agree that information about your use of the Site or the App through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to Buddy Custard and/or certain third parties. All or any part of the voice, message, and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, registration with and/or use of the Site and/or the App. Buddy Custard is not responsible for, and you further accept full responsibility for, all Device, carrier and network fees, rates, charges and taxes which may apply, if any.

The App is intended for use only on a Device that runs an unmodified manufacturer approved operating system. Using the App on a Device with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a Device with a modified operating system is a material breach of these Terms of Use.

Access Rights and Prohibited Activities

We hereby grant to you a limited, non-exclusive, nontransferable right to access the App in the States Where We Operate and to use the Products solely for your personal noncommercial use and only as permitted under these Terms of Use and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App and Products to anyone for any reason. You agree that you are not to engage in any of the following: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Buddy Custard or its licensors with respect to the Site or the App; (c) the reproduction of the Site, the App or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Buddy Custard herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements to or through the Site or the App that is false, misleading, deceptive or incorrect; (h) any act that constitutes a commercial activity; (i) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (j) the systematic retrieval or copying of any information or content found on or through the Site, the App or any servers which may host the Site or the App to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (k) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the App, any servers which may host the Site or the App, or any data or content found thereon or therein; (l) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like in relation to the Site, the App, or any servers which may host the Site or the App; (m) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the App, or any servers which may host the Site or the App; (n) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials through the Site, the App or any servers which may host the Site or the App; or (o) any other act that Buddy Custard becomes aware of and believes in good faith is improper, illegal or harmful to the Site, the App, any servers which may host the Site or the App, any person or entity or the property of any person or entity.

Collected Information

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996 and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), any information you transmit to Buddy Custard via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Buddy Custard and/or affiliated professional entities, or individual health providers utilizing the Service.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Buddy Custard shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Buddy Custard via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Content Ownership

The Site, including the App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by Buddy Custard and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App.

Trademarks

Names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks”) of Buddy Custard or other entities. You are not authorized to use any such Marks without the express written permission of Buddy Custard. Ownership of all such Marks and the goodwill associated therewith remains with us.

Termination

Buddy Custard may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Buddy Custard reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Buddy Custard will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you. You agree that if your use of the Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Buddy Custard harmless from any and all liability that Buddy Custard may incur therefore.

Disclaimer of Warranties and Limitations of Liability

YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS IS AT YOUR SOLE RISK. WE PROVIDE THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUDDY CUSTARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BUDDY CUSTARD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You hereby agree, on behalf of yourself and your pet, to indemnify, release and hold harmless Buddy Custard and Buddy Custard’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (i) your acts, errors or omissions, (ii) your use of the Site, the App or any Products offered or provided on or through the Site or the App in any manner contrary to the terms and conditions of this Agreement, (iii) your violation of the rights of or other injury to any third party, and/or (iv) your breach of all or any part of these Terms of Use.

All statements by you in this section and throughout these Terms and Conditions apply equally with respect to any pet to which you provide at Company Product.

Governing Law, Venue and Provision Severability

These Terms of Use and your use of the App shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration held in West Palm Beach, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction located in Palm Beach County Florida or the Southern District of Florida, West Palm Beach Division, without the posting of bond or other security.

In the event a particular dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms of Use or applicable law), each party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the courts of the State of Florida in Palm Beach County, Florida and the United States federal courts in the Southern District of Florida, West Palm Beach Division, for the litigation of said dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

Each party to any arbitration will pay his/her/its own fees, costs and expenses, including attorneys’ fees, and will equally split the arbitrator’s fees and administrative fees of arbitration. The written decision of the arbitrator so selected shall be binding, final and conclusive on the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Waiver

No waiver by Buddy Custard of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Buddy Custard to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Relationship

Neither these Terms of Use, nor any Content, materials or features of the Products create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Buddy Custard and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Buddy Custard is transferred to another entity by way of merger, sale of its assets or otherwise.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To learn more, information can be found on the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Buddy Custard, Inc. 1451 W. Cypress Creek Rd., Suite 300, Ft. Lauderdale FL 33309.