Terms & Conditions

Effective Date: January 20th, 2025

These Terms and Conditions of Service ("Terms") are a legal agreement between the end user ("you" or "your" or "user") and Fresh4Dogs ("Fresh4Dogs" or "we" or "our"). We make our website https://www.fresh4dogs.com (the "Site") available in order to provide you with information about our company, products and services, and so that you can order our products.Please read these Terms and Conditions of Service carefully before accessing or using the Site. Your use of the Site and the services provided by Fresh4Dogs in connection with the Site (such services together with the Site, the "Services") including without limitation our pet food delivery service, are subject to these Terms. If you do not want to be bound by these Terms or policies, you may not use or access the Services in any manner.

1. Changes

   When we make any changes to these Terms, we will update the Effective Date above. If we make changes to these Terms that, in our discretion, we consider significant, we will publish the updated Terms on the Site and we may send emails to the users containing a link to the revised Terms.

   It is your responsibility to review these Terms for changes prior to use of the Services. If you continue to use the Site or the Services after we update these Terms, you indicate your acceptance of the updated Terms. We will treat your continued use of the Services following such notice as your acceptance of the changes.

   Any new features, tools, or products which are added to the current Site shall also be subject to these Terms.

    
2. Availability

   Fresh4Dogs may make changes to or discontinue any of the media, contests, products, or services available within the Services at any time, and without notice. The media, products, or services on the Services may be out of date, and Fresh4Dogs makes no commitment to update these materials on the Services.

    
3. Termination

   These Terms are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

   Fresh4Dogs may terminate your access to all or any part of the Service at any time, with or without notice, with or without cause, effective immediately and you will remain liable for all amounts due up to and including the date of termination

   You may terminate these Terms at any time by notifying us that you no longer wish to use our Services. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

    
4. User Conduct

   As a condition of use, you agree not to use the Services for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.

   By way of example, and not as a limitation, you agree that you will not:

   • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
   • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
   • bypass any measures we may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or
   • interfere with any other user's enjoyment of the Service, including, without limitation, accessing an account of a Fresh4Dogs user account that is not yours.

   You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more requests to the Fresh4Dogs server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

   You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.

    
5. Fresh4Dogs User Accounts

   While you may browse the Site as a guest user, to access certain Services on the Site and to purchase products, you must submit information to create an account. To register, you must provide information including, but not limited to, your address and billing information, your valid email address, and a password. All information that you provide is subject to our Privacy Policy.

   5.1 Eligibility

   By agreeing to these Terms and Conditions 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 must be 18 years of age or older and legally capable of entering into binding contracts.

   5.2 Confidentiality and Security

   When you create a Fresh4Dogs account, you agree you are responsible for maintaining the confidentiality and security of your account by, among other things:

   • ensuring that your registration details are true, up to date, and accurate;
   • not sharing your password, letting anyone else access your account;
   • transferring your account to any other person; or
   • taking other actions that might jeopardize the security of your account.

   5.3 Communication

   When you visit the Site, send emails to us, or contact us via any channel specified on the Site, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, you consent to receive SMS text messages on the phone number associated with your account.

   As a registered user, you agree to receive emails promoting special offers, including third party offers. You may opt-out from receiving promotions or newsletters by opting to unsubscribe. Please note that you cannot opt-out of certain emails regarding transactions, deliveries, and account information we find necessary in our sole discretion.

   5.4 Optional Tools

   Any use by you of 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).

   Third-party links on the 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.

    
6. Content of the Site

   6.1 Fresh4Dogs Content

   Content provided by Fresh4Dogs on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, the "Fresh4Dogs Content") is meant for all audiences.

   Unless otherwise noted, all Fresh4Dogs Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for your personal information and for using the Site, and for no other purpose, including but not limited to, any commercial purpose. Any use of the Fresh4Dogs Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.

   You may not utilize framing techniques to enclose any trademark, logo, or other Fresh4Dogs Content without our express written consent. You may not use any meta tags or any other hidden text utilizing Fresh4Dogs's name or trademarks without our express written consent. You may not deep-link to the Services and will promptly remove any links that we find objectionable in our sole discretion. You may not use any Fresh4Dogs logos, graphics, or trademarks as part of the link without our express written consent.

   The material on the 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.

   6.2 User Material

   You understand that you may be exposed to user material from a variety of sources ("User Material"), including without limitation, text, graphics, photos, sounds, music, videos, and social media posts, as well as Fresh4Dogs Content.

   You grant Fresh4Dogs a worldwide, non-exclusive, perpetual, royalty-free, and transferable license to edit, truncate, aggregate, prepare derivative works of, reproduce, distribute, modify, publicly display, transmit and otherwise fully exploit any User Material you upload and publish on the Site or a connected service, and to make any other use of such User Material as Fresh4Dogs may determine, including without limitation marketing and promotional use.

   You represent and warrant that you are the sole owner of all intellectual property rights in any User Material you upload and publish on the Site, and that our use of such User Material will not infringe or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, or any other intellectual property or proprietary rights, and you understand and agree that Fresh4Dogs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material.

   You further understand and acknowledge that you may be exposed to Fresh4Dogs Content or User Material that you believe to be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fresh4Dogs with respect thereto.

   We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

   We may include your pet's information, but never your personal information, in aggregated data we disclose to other users or third parties for various purposes including publication of studies.

   Finally, you understand and agree that Fresh4Dogs, in performing the required technical steps to provide the Service to the users, may need to make changes to your User submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

    
7. Products

   From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper handling, preparation, storage, use and consumption of the Products following delivery.

   7.1 Accuracy, Completeness and Availability of Information

   We are not responsible if information made available on the Site is not accurate, complete or current. We try to be as accurate as possible when describing and showing our products on the Site, but we do not warrant that these product descriptions or depictions, or other content on the Site, are accurate, reliable, current, or complete.

   Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.

   All offers of products as they are displayed via the Services are subject to availability. Fresh4Dogs reserves the right to modify the items offered via the Services at any time. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. Fresh4Dogs shall not be liable if products are not in stock or otherwise not available.

   7.2 Product Usage

   All products available on the Site are for personal use only. You may not resell any of the products that you purchase or receive from us without our express written consent. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms.

   Fresh4Dogs products are intended for canine and feline consumption only.

   7.3 Dry Ice

   We may place dry ice in orders with perishable products to ensure temperature control in transit. You understand that dry ice may cause injuries if it comes into contact with exposed skin or is left to sublimate in an area without appropriate ventilation. You agree to keep dry ice away from animals and people, in an area with adequate airflow.

   7.4 Pet Health

   It is your responsibility to verify whether our products are suitable for your pets and to inform us if your pet has any health issues, including allergies.

   We make no representations about the suitability of our products for your specific pet, and disclaim all liability associated with any adverse reactions. If you are concerned about whether our products are suitable for your pet, please consult with your veterinarian.

   7.5 Product Amounts

   For certain products, based on information you provide, we send an amount of meal plan products likely to meet the needs of your pet, or may provide general feeding guidelines. However, every pet is unique and it is your responsibility to monitor their reaction to the product and request any necessary adjustments.

   Our recommended portion sizes are based on you feeding only our product, and we cannot account for other food or treats that you feed.

    
8. Transactions

   8.1 Order Amounts

   Fresh4Dogs reserves the right, in its sole discretion, to cancel your order or limit quantities.

   8.2 Prices and Payments

   You will be charged at the time your order is placed. In the event of cancellation, we will refund your payment.

   All prices are shown in U.S. dollars. Product pricing and our delivery charges, if any, will be as quoted on the Site from time to time, and may not include applicable taxes.

   We accept payment with PayPal, American Express, Visa, Mastercard and Discover. We reserve the right to change the payment methods we accept at any time.

   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.

   8.3 Promotions

   From time to time, we may offer trials, special offers, or other promotions for specified periods of time. If we offer a promotion, additional terms will be provided in the marketing materials describing the particular promotion or at registration for the offer. In the event of a conflict with these terms, the specific terms of the special offer or promotion will prevail.

   • Promotions and discounts cannot be combined, unless explicitly stated.
   • All remaining balances exceeding the value of the promotion must be paid by another form of payment specified above.
   • Promotions may have an expiration date, as indicated at the time of issuance.
   • Promotions are non-transferable and may not be returned or redeemed for cash.
   • Promotions can only be redeemed on the Site toward the purchase of products available thereon. They cannot be applied to any orders previously placed.
   • To redeem a promotion, you must click the promotional link before purchase or use a discount code specified in the marketing material. Additional restrictions may apply, as indicated at the time of issuance.
   • Delivery of an electronic promotion to an incorrect or non-existent email address or delivery of a physical promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a promotion is lost, stolen, destroyed or used without permission.
   • Sales tax and shipping charges are applicable to any items purchased with a promotion.
   • We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any promotion and orders for suspected fraud, for promotions mistakenly issued in an incorrect denomination, or for other violations of the promotion policies.

   8.4 Credits and Rewards

   At our discretion we may place credit in your account. Such credit has no cash value, may expire and may only be used for purchases of our products.

   We may make available the opportunity to earn rewards from time to time. Such rewards have no cash value, may expire, and may only be used for purchases of our products. Rewards may have additional applicable terms.

   8.5 One-Time Purchases

   One-time purchases not part of a subscription plan, or placed concurrently with a first subscription order, will be charged at the time the order is placed.

   8.6 Subscriptions

   Subscription plans consist of an initial charge followed by recurring periodic charges at the intervals specified in your selected subscription plan. We may charge for your first order at the time you complete signup. Subsequent orders, or any changes to an upcoming recurring order, typically will be charged 5-7 days prior to your next scheduled delivery, though timing may vary.

   You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorization from you until you cancel your subscription.

   You may change or cancel an order provided the change request is received at least prior to the scheduled charge date.

   8.7 Trials

   With respect to trials, once your trial period ends, our third-party payment processor will begin billing your designated payment method on a recurring basis for your subscription plus any applicable taxes and other charges for as long as your subscription continues, unless you cancel your subscription prior to the end of your trial period. Please note that the delivery frequencies, order quantities, and subsequently the order prices of the recurring subscription may differ from the initial price of the trial.

   We reserve the right to modify or terminate ongoing trials, at any time, without notice and in our sole discretion.

    
9. Shipping

   You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your shipping address and contact information, so that we can complete your transactions and deliveries, and contact you as needed.

   We send orders for delivery through third-party carriers. While we strive to provide the best customer experience possible, we are not liable for the actions or inactions of third-party carriers. Please contact us as soon as possible if you experience an issue with the carrier.

   In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, our carrier will attempt to deliver your order as soon as reasonably possible. In the event that timely delivery is not feasible, we may retry, cancel your delivery for the period so affected and issue you a credit, or resend a new order at a later date.

   You are responsible for inspecting all products you receive for any damage or other issues upon delivery, including that the product is at a refrigerated temperature. To maintain the quality and integrity of the products, you should immediately remove the food from the box and liner and refrigerate or freeze according to the U.S. Department of Agriculture's instructions on refrigeration and food safety.

   Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. In some cases the purchase may include various deliveries so orders will be received on different dates. You must notify Fresh4Dogs within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. For packages confirmed as delivered by the carrier Fresh4Dogs is not responsible for lost or stolen packages.

   Replacement of products and credits to your account for shipped products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered products may result in the cancellation of your account. You may be charged, and are solely responsible for, applicable local and state sales tax, if applicable.

    
10. Returns

    As the products are perishable food items, products may not be returned or exchanged. If you have concerns or problems with the products you receive, please contact us and we will attempt to resolve the issue. Fresh4Dogs shall not issue any refunds for the products except at its sole discretion.

     
11. General Provisions

    11.1 Privacy

    Fresh4Dogs's Privacy Policy is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

    11.2 International Access

    The Site may be accessed from countries other than the United States. However, the Products and Services are only available for sale within the United States and U.S. territories. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

    11.3 Indemnification

    You agree to indemnify, defend and hold harmless Fresh4Dogs 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.

    11.4 Severability

    In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

    11.5 Disclaimer and Limitation of Liability

    To the fullest extent permitted by applicable law, in no event shall Fresh4Dogs or any of the other Fresh4Dogs parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the access or use of the Site or content or the order, receipt or use of any product or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from us, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

    To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge Fresh4Dogs and the other Fresh4Dogs parties from and against, and covenant not to sue any such Fresh4Dogs party for, all claims you have or may have arising out of or in any way related to these terms.

    If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party."

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

    11.6 Digital Millennium Copyright Act

    We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively. Fresh4Dogs has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA").

    If you believe any User Material or Fresh4Dogs Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
    3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Any DMCA Takedown Notices should be sent to info@fresh4dogs.com.

    11.7 Arbitration and Class Action Waiver

    Any dispute or claim arising in any way from your use of the Site or the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Site or Services in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if Your claims qualify. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: info@fresh4dogs.com.

    The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. to the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that:

    • the prevailing party shall not be entitled to recover attorneys' fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and
    • the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

     

    In no event shall any claim, action or proceeding by you or Fresh4Dogs be instituted more than one (1) year after the cause of action arose.