BUDDY CUSTARD TERMS & CONDITIONS
Use of the Website, App and Company Products
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.
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 whatsoever. Any Company Product customer must consult directly with their own treating healthcare provider concerning the use of Company Products prior to using such Products.
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 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 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”)
Access Rights and Prohibited Activities
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.
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.
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.
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
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.
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.