Before accessing and using the Sites, please read these Terms carefully because they constitute a legal agreement between Treat and you. BY USING THE SITES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 14) and “DISPUTE RESOLUTION” (Section 16) below for more information.
IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SITES.
The effective date of these Terms is set forth at the top of this webpage. We do not intend to change these Terms very often but reserve the right to do so. We will notify you of any material change by posting notice on this webpage. Whenever possible, we will notify you in advance of our changes. We do not make changes that have retroactive effect unless we are legally required to do so.
Your continued use of the Sites after the effective date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Sites and to print out a copy of these Terms for your records.
2. ADDITIONAL TERMS
Certain services offered by or through the Sites, such as mobile applications, sweepstakes, offers contests and other services, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail.
3. PRODUCT SALES, REGISTRATION & USER ACCOUNTS
You must register for a User Account to order the Product(s). As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Treat considers to be offensive. We reserve the right to reject or terminate any user name or password that, in our sole discretion, we deem offensive.
You are solely responsible for preserving the confidentiality of your User Account and you agree to notify Treat of any known or suspected unauthorized use of your User Account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your User Account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Treat immediately. Treat reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
After establishing your User Account, you will have the ability to order our various Product(s) through our Sites. When ordering some of our Product(s) you may be tasked with providing information about your dog (including its size, breed, sex, age, and other relevant information which you voluntarily choose to disclose to us), your shipping information, including your address and billing information, and your valid email address. All information that you provide to Treat, including your credit card information, is subject to Treat's Privacy Statement. You are responsible for keeping your registration information up to date through the account page on the Sites.
As a registered user of Treat, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing hello@Treat.co or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
As a subscribed Treat member, we will ship you a package with a customized Product according to the schedule established at the time of purchase. Unless you modify or cancel your subscription, Treat will continue to deliver the same food recipe each subscription period. BY SUBSCRIBING YOU AGREE TO PAY THE RECURRING SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED.
5. BILLING AND PAYMENTS
By subscribing, you authorize us to charge your credit card or other payment account that you have designated. Recurring subscription fees will be charged at the then current rate plus applicable tax. The subscription fee will be billed at the beginning of your billing period. Your subscription will continue in effect unless and until you cancel your subscription or your subscription is otherwise terminated or suspended. See Section 8 for details about how to cancel. If you cancel your subscription, cancellation will be effective at the end of the current billing period. After cancellation, you will continue to receive the Products for the remainder of that billing period, but you will not receive a refund, unless otherwise stated at the time of cancellation.
On certain occasions, Treat may offer free trials of its Products. If we offer you a free trial, the specific terms of the free trial will be stated in the marketing materials describing the free trial. If you do not cancel your subscription within the free trial period, we will begin charging your payment card subscription fees once your free trial period ends. You may cancel your membership anytime by logging into your account or contacting us at support@Treat.co.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Treat the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Treat will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service. You acknowledge that we may change the third party payment service from time to time.
6. SHIPPING AND RISK OF LOSS
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. We reserve the right to increase, decrease, add or eliminate shipping and handling fees from time to time. Such fees will be disclosed at the time of purchase. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Treat within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
7. RETURNS AND EXCHANGES
If you believe a Product is defective or has been delivered in error, please contact us at firstname.lastname@example.org.
8. MEMBERSHIP CANCELLATIONS
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Sites or by emailing email@example.com.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE NEXT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW BILLING PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the start of the billing period will apply to the following billing period.
We may terminate your membership, without notice and in our sole discretion, for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
9. Treat CONTENT
Treat retains full and complete title to all Treat Content.
If you agree to these Terms (as well as any additional terms and conditions related to specific Treat Content), then you may download, print and/or copy Treat Content solely for your own personal use.
Unless Treat provides you with written authorization to do so, you may not:
10. YOUR SUBMISSIONS
In addition to job applications, Treat may from time to time offer areas where you and other users can post Submissions. By sending, posting or transmitting Submissions to Treat (and/or our designees) or any area of the Sites, you grant Treat and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, Treat has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if Treat uses one for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:
You acknowledge and agree that Treat has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Treat takes no responsibility and assumes no liability for any Submission posted by you or any third party.
Treat strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. Treat is not responsible for information that you choose to communicate via Submissions.
11. USING THE SITES
YOU MUST BE AT LEAST AGE THIRTEEN (13) TO USE THE SITES. By accessing, using and/or submitting information to or through any of the Sites, you represent that you are not younger than age 13.
IF YOU ARE BETWEEN AGE THIRTEEN (13) AND THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, YOU MAY USE THE SITES ONLY UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN.
IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. We encourage you to investigate commercially-available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material considered harmful to minors.
While using the Sites, you will not:
Treat has the discretion to terminate your access to the Sites without notice for any violation of the above rules. If you access and use the Sites on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. Certain services may require text messaging (SMS or MMS) capability. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider. These charges may include standard and premium SMS charges and may be one-time or recurring charges. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Treat is not liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service provider. Text messages are provided on an “as is” basis and may not be available in all areas at all times.
12. THIRD-PARTY WEBSITES
The Site may contain links to Linked Sites. Linked Sites are not under the control of Treat and Treat is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site. The inclusion of a link does not imply endorsement by Treat of the Linked Site or any association with the operators of the Linked Site. Treat does not investigate, verify or monitor the Linked Sites. Treat provides links to Linked Sites for your convenience only. You access Linked Sites at your own risk.
Please make sure that you carefully read our Privacy Statement to learn about the information that Treat collects on the Sites and how we process it. Without limiting the terms of our Privacy Statement, you understand that Treat does not and cannot guarantee that your use of the Sites and/or the information provided by you through the Sites will be private or secure. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Sites. Treat reserves the right at all times to disclose any information as Treat deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
14. DISCLAIMERS OF WARRANTIES & LIMITATIONS OF LIABILITY
Treat warrants that Treat has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE Treat PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Treat specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Treat does not warrant that (a) the Sites will meet your requirements, (b) operation of the Sites will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Treat or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE Treat SERVICES IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL Treat BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF Treat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Treat SERVICES.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Treat would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The limitations of liability and exclusion of damages in this section do not apply to New Jersey residents.
You agree to indemnify and defend Treat, and its Owner, directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Treat by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. Treat reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Treat may be made without Treat’s’ prior written approval.
16. DISPUTE RESOLUTION
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Treat agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND TREAT AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 10 AND THAT YOU AND Treat WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND TREAT FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Treat Parties arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including Covered Disputes will be settled by binding arbitration in the U.S. State of New York administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Treat will provide such notice by mail or e-mail using the contact information on file with Treat and you must provide such notice by mail to Treat, Attn: Legal Department, 220 NW 8th Ave, Portland, OR 97209.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, Treat will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Treat for all fees associated with the arbitration that Treat paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
Treat and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Treat nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this Section 18 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 18, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Treat under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section 18.
LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against Treat and (2) exclude certain damages do not apply to New Jersey residents.
These Terms automatically terminate when you fail to comply with any term or condition of them. Treat may terminate or modify your access to the Sites, with or without notice to you, at any time for any reason. For example, access to the Sites may be denied without notice if Treat believes that you are not at least age 13.
Termination will not limit any of Treat’s other rights or remedies. This Section 17, along with Sections 9, 14, 15, and 16, survive termination of these Terms.
18. JURISDICTIONAL ISSUES; TAXES
You are responsible for compliance with all applicable laws. Treat reserves the right to limit the availability of the Sites and/or Treat Content to any person or geographic area at any time. Any software offered on or through the Sites may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury's Office of Foreign Assets Control; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software offered on or through the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.
19. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident under age 18 and are a registered user of any of the Sites, then you may request that we remove any Submission (defined in Section 4) you publicly posted on or in the Sites. To request removal of a Submission, please send an email with a detailed description of the specific Submission to privacy@Treat.co. (You also may be able to log in to your account and delete your own Submission.) Treat reserves the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.
Treat will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by Treat for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. Treat may be required by law to not remove or allow removal of your Submission.
With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Sites, California residents are entitled to the following specific consumer rights information:
The provider of the Sites is:
220 NW 8th Ave
Portland, OR 97209
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Treat via e-mail at firstname.lastname@example.org (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
BY USING THE SITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
20. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Sites, please send your claim or notice of infringement to Treat’s DMCA agent at:
Treat, Attn: DMCA Agent
220 NW 8th Ave
Portland, OR 97209
Please do not send any other correspondence or inquiries to our DMCA agent. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.
Updated, December 2018