Terms & Conditions
Your use of https://houndandcompany.com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Hound & Co. LLC (“Hound & Co,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://houndandcompany.com/pages/terms). We reserve the right to update, change, or replace any part of these Terms 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 BINDING ACCEPTANCE OF THOSE CHANGES.
TERMS AND CONDITIONS OF USE AND SALE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You agree that any products or services you purchase from Hound & Co and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Hound & Co is committed to improving the lifestyle of your pet. You understand, however, that our products and the statements on the Website have not been evaluated by the Food & Drug Administration or medical professionals, and our products and the information on the Website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the Website or provided to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You agree that you will cease immediately from using our products on your pet if he/she experiences any ill effects or unintended side effects of any product. Hound & Co does not warrant or represent that all information about our products is error-free. All product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Hound & Co does not warrant or represent that our products will provide your pet with any particular benefits, or that your results will match those of others who use our products. Individual results may vary. The representations and product disclaimers described above are inapplicable where prohibited by law.
You should consult your veterinarian before beginning any program, exercise, diet changes, taking any nutritional or herbal supplement, or using any information provided by Hound & Co.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website 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 on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website 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 Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. 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 Shipping and Returns Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
If you order a product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.
Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available and the expected availability date, and we may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
We do not accept orders from dealers, wholesalers, or customers who are resellers. For any questions from dealers, wholesalers or resellers, we ask that they direct their inquiries to firstname.lastname@example.org.
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
When visiting the Website, you may have the option of purchasing a product or group of products one time or through our Subscription plan where the payment card you provide at the time of enrollment is automatically charged on subsequent dates chosen by you to replenish your supply until you cancel. In our Subscription plan, you have the ability to control whether you automatically replenish your supply of certain products every 30, 60, 90, or 180 days, with the payment card you provided at the time of enrollment and billed accordingly before shipment of the product on the date for replenishment selected by you until you cancel.
IF YOU ARE ENROLLED IN THE SUBSCRIPTION PLAN AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE SUBSCRIPTION PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE SUBSCRIPTION PLAN, YOU MAY DO SO AT ANY TIME BY E-MAILING SUPPORT@HOUNDANDCOMPANY.COM. SUBSCRIPTION CANCELLATION MUST BE RECEIVED TWENTY-FOUR HOURS (24) PRIOR TO YOUR NEXT SHIPMENT IN ORDER TO NOT RECEIVE YOUR NEXT SCHEDULED ORDER.
If you participate in the Subscription plan using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.
We may use an account updater to automatically update your credit card information in the event it changes, in which case, your renewal will be billed to the updated account information.
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Once your order is ready for shipment, you will receive an email with a tracking number. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery services not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier. We reserve the right to reject orders where the delivery address is outside of North America.
Orders generally ship within 2-3 business days from the time of placement. Business days are Monday through Friday, excluding all US postal holidays. Delivery time for international orders varies based on location. Please visit our Shipping Policies webpage for additional terms that may apply to your order.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
11. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
12. RETURNS AND REFUNDS
All items may only be returned in limited circumstances and in accordance with the Shipping & Returns Policy. If you are uncertain about your right to return a product, please contact our customer support team. We want you to love every Hound & Co purchase you make, but, occasionally, a product may not meet your expectations. Any item purchased on Hound & Co may be returned for any reason within thirty (30) days from the date of delivery. Simply request a RMA to initiate a refund request.
13. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
14. DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. DISCLAIMER OF LIABILITIES
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HOUND & CO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Hound & Co both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Hound & Co will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Florida: (i) an action by Hound & Co relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Hound & Co for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Florida, and forever waive any challenge to said courts’ jurisdiction and venue.
c. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to HOUND & CO, ATTN: LEGAL DEPARTMENT, 11523 PALMBRUSH TRAIL, #323, BRADENTON, FLORIDA 34202, UNITED STATES will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Hound & Co or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Florida to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
d. Commencing Arbitration
You and Hound & Co agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Florida unless Hound & Co otherwise agrees to arbitrate in another forum requested by you.
f. Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
h. Governing Law and Award
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Hound & Co, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Hound & Co and shall not be modified except in writing by Hound & Co.
Hound & Co reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Hound & Co product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Hound & Co will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Hound & Co product, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT HOUND & CO, ATTN: LEGAL DEPARTMENT, 11523 PALMBRUSH TRAIL, #323, BRADENTON, FLORIDA 34202, UNITED STATES. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hound & Co, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
18. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or 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.
19. SUBMITTED MATERIALS; USER GENERATED CONTENT
20. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Hound & Co is pleased to hear from customers and welcomes your comments regarding our products and services. Hound & Co may use testimonials and/or product reviews in whole or in part in any media together with the name, city, and state of the person submitting it. You irrevocably consent to Hound & Co’s use, publication, and distribution of any testimonial, review, or other submission by you and you expressly covenant not to sue and release Hound & Co from any and all claims and demands arising out of or in connection with such activity by Hound & Co, including without limitation, any claims for right of privacy violations, right of publicity claims, and/or other intellectual property rights. Hound & Co reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. You alone are responsible for any communication, message, and/or other content that you share with Hound & Co You agree that your testimonial, review, or other submission does not violate any right of any third-party and that Hound & Co has no responsibility and assumes no liability for any comments posted by you or any third-party.
Please be aware of the following:
Testimonials appearing on our Social Media Presence, Website, and any other sites owned and managed by Hound & Co, are received via text, email, audio or video submission. They are individual experiences, reflecting the real-life experiences and opinions of those who use Hound & Co products and/or services. However, the experiences are personal to those users and may not necessarily be representative of all users of our products and/or services. Individual results may vary.
TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF WHAT ANYONE ELSE USING OUR PRODUCTS AND/OR SERVICES MAY EXPERIENCE.
The testimonials are displayed verbatim except for grammatical or typing error corrections. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information. All testimonials are reviewed for authenticity before they are posted for public viewing.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. While many of our testimonials are unsolicited, some consumers received compensation in return for an honest review.
No testimonials have been clinically proven or evaluated.
Hound & Co shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
The Hound and Company mobile message service (the "Service") is operated by Hound & Co LLC (“Hound & Co”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Hound & Co’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Hound & Co through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hound and Company. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18555410718 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hound and Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18555410718 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
22. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Hound & Co
ATTN: LEGAL DEPARTMENT
11523 Palmbrush Trail
Bradenton, FL 34202
Email Address: firstname.lastname@example.org
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
23. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Hound & Co and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Hound & Co’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
25. NO WAIVER
No waiver by Hound & Co of any term or condition set forth in these Terms 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 by Hound & Co to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
26. NO AGENCY RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
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.
In the event that we terminate this Agreement, Sections 2-3, 14-17, 20-25, 27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
29. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Hound & Co, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
30. CONTACT USIf you have questions, please contact us by mail at HOUND & CO, 11523 PALMBRUSH TRAIL, #323, BRADENTON, FL 34202 or by email at email@example.com