Terms of service

Terms of Service

Last Updated: August 20, 2026

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BILATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 17 AND IN THESE TERMS OF SERVICE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These terms of service (“Terms of Service”) apply to your access to, and use of, the services of Rawry Pet Products (collectively, “Company,” “us”, “our” or “we”), including without limitation our Website available at rawrycat.com (the “Website”), when you purchase a product, or when you interact with us in any other way (collectively, the “Services”). For purposes of these Terms of Service, “you” and “your” means any user of the Services, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

  1. ACCEPTANCE OF TERMS 

These Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Service, our Privacy Policy, our SMS/MSM Mobile Message Marketing Program Terms and Conditions (if applicable), and any other policies expressly incorporated herein by reference (collectively, the “Terms”).


Consent to Data Collection. Your use of the Services and any information provided by you or gathered by us or third parties during any visit to or use of the Services is governed by our Privacy Policy, which is incorporated herein by this reference. If you participate in our SMS/MSM messaging program, your participation is also governed by our SMS/MMS Mobile Message Marketing Program Terms and Conditions. By using the Services, you acknowledge and agree to our collection, use, and sharing of your information as set forth in our Privacy Policy.


Please read these Terms carefully before accessing or using our Website. If you do not agree to these Terms, please do not use the Services. 

We may revise and update these Terms from time to time in our sole discretion. Any new features or tools added to the Website will also be subject to these Terms. You can review the most current version at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Services after changes are posted constitutes your acceptance of those changes. If you do not agree to updated Terms, you must stop using the Services. 

  1. PERMITTED USE; SECURITY

Our Services are for your personal and non-commercial use. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. You may not use automated means (including bots, scrapers, spiders, data mining tools, crawlers, or similar technologies) to access the Services, or circumvent any technical measures we employ to protect the Services.


We have implemented reasonable security measures to protect information provided through the Services. However, no method of internet transmission is 100% secure, and we cannot guarantee the security of your information. You are responsible for implementing sufficient procedures and safeguards to protect your own devices, systems, and information when accessing the Services.


If you create an account, you agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials. You may not share your account with others or use another person’s account. You agree to notify us immediately of any unauthorized use of your account. 

  1. PRODUCTS, PRICING AND PAYMENT

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. Certain products or services may be available exclusively online through the Website.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. 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.

We have made commercially reasonable efforts to display as accurately as possible the colors, images, and other visual attributes of our products as they appear on the Website. However, we cannot guarantee that your device’s display of any color or image will be accurate, and actual product appearance may vary from what is shown on the Website.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All prices are displayed in US dollars.

Certain products or services may be subject to return or exchange only in accordance with our Return Policy. You agree to review our Return Policy before making a purchase. Our Return Policy is incorporated into these Terms by this reference.

  1. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services and for any consequences thereof. You agree not to, and will not assist or enable others to, use the Services to: (i) violate these Terms, any applicable law, or the rights of any third party (including intellectual property rights); (ii) copy, modify, reproduce, distribute, reverse engineer, or create derivative works from any portion of the Services or User Content (as defined below), except as expressly authorized; (iii) upload or transmit any viruses, malware, or other harmful code; (iv) use automated means (including bots, scrapers, or crawlers) to access the Services without our prior written permission; (v) harvest contact information, solicit passwords, or send unsolicited communications; (vi) impersonate any person or entity, or misrepresent your identity or affiliation; (vii) harass, intimidate, or harm another person; or (viii) use the Services in any manner that could damage, disable, or impair the Services. We reserve the right to terminate your access for violating any of the above.

Certain portions of the Services may allow you to submit reviews, comments, photographs, messages, or other materials (collectively, “User Content”).  You agree not to submit any User Content that: (a) is false, misleading, defamatory, obscene, threatening, harassing, abusive, hateful, discriminatory, violent, or otherwise objectionable; (b) promotes illegal activity or unethical conduct; (c) infringes any intellectual property, privacy, publicity, or other proprietary right; (d) contains viruses or code designed to disrupt or damage any system; (e) constitutes spam, unauthorized advertising, solicitation, chain letters, or promotional materials; (f) impersonates any person or entity or falsely suggests an affiliation, endorsement, or sponsorship; (g) violates any applicable law or regulation; or (h) otherwise violates these Terms.

No User Content you submit will be treated as confidential. You are solely responsible for your User Content and represent and warrant that you have the legal right to provide it.

We reserve the right, but have no obligation, to monitor, review, reject, edit, remove, disable access to, or take any other action with respect to User Content in our sole discretion and without notice. We do not verify, adopt, or endorse your User Content, and you bear all risks associated with it. By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit such User Content in connection with operating, marketing, advertising, improving, and promoting the Services and our business.  To the extent permitted by law, you waive any moral rights with respect to your User Content. 

  1. INTELLECTUAL PROPERTY 

Company respects the intellectual property of others, and expects all users to do the same. All content on the Services, including text, graphics, images, logos, product photos, and Website design is owned by the Company and is protected by applicable copyright, trademark, and other intellectual property laws. If you believe that any material available on or through the Services infringes your copyright, please contact us via email at help@rawrycat.com so that we may review and respond to your concern. 

Certain content made available on the Services is owned by third parties and is used with permission, under license, or pursuant to applicable usage rights. This may include, without limitation, designs, photographs and media created by independent designers, as well as product images and other content sourced from third-party platforms. All third-party trademarks, service marks, logos and copyrighted materials remain the property of their respective owners. 

  1. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services are intended for a general audience and are not directed at users under 13. By using the Services, you represent that you are at least 13 years old. For more information on how we protect children’s privacy, please visit our Privacy Policy.  

Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. 

  1. DISCLAIMER OF WARRANTIES

While Company uses reasonable efforts to include up-to-date information on the Services, Company makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRCTORS, SUPPLIERS, EMPLOYEES AGENTS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK.

  1. EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.


  1. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW. 


  1. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, 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.”

  1. THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY US. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR WEBSITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.


  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Website/Service 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 related to the Service or Website is inaccurate at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law.  


  1. INDEMNIFICATION

You agree to indemnify and hold harmless the Company Parties, and at Company’s option defend the Company Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Company Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Service, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Company Parties, Company may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without our written consent.


  1. TERMINATION

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Services, or by ceasing to use the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. In our sole and absolute discretion, with or without notice to you, we may suspend or terminate your use of and access to the Services, terminate your Account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services; (iv) any violation of these Terms; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; or (vi) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which we may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to us. Upon termination for any reason, you must cease all use of the Services. 


  1. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.


  1. GENERAL

No failure or delay by us in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. If any part of these Terms is determined to be invalid or unenforceable the remaining provisions will remain in full force and effect. To the maximum extent permitted by applicable law, any claim arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder. Sections 5 (Intellectual Property), 7-11 (Disclaimers, Exclusions, Limitations), 13 (Indemnification), 16 (General), 17 (Arbitration), and 19 (Governing Law) will survive termination of these Terms of Service and your use of the Services, together with any other provisions that by their nature are intended to survive.


Use of the Services is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

  1. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with COMPANY; (iii) any data or information you may provide to COMPANY or that COMPANY may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “Company Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Company Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of COMPANY’S parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.


We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against COMPANY, and any claim that COMPANY may have against you, arising out of, relating to, or connected in any way with our Terms or any Company Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the “Applicable Rules”). The most recent version(s) of the JAMS Arbitration Rules & Procedures rules are available at www.jamsadr.com and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.


To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against COMPANY within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and COMPANY, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

  1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and COMPANY (the “Arbitrator”);

  2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable; 

  3. Arbitration proceedings will be held in NEW YORK COUNTY, NEW YORK or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and COMPANY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;

  4. the Arbitrator (i) shall apply internal laws of the State of NEW YORK consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with NEW YORK or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

  5. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

  6. if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; 

  7. COMPANY may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after COMPANY has given notice of such modifications and only on a prospective basis for claims arising from Company Transactions and Relationships occurring after the effective date of such notification; and

  8. nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 


  1. RISK OF LOSS

All purchases made through our Website are subject to a shipment contract. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier. 


  1. GOVERNING LAW 

These Terms, and your access to and use of the Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law rules or principles (whether of New York or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in New York County, New York and the parties consent to the personal jurisdiction and venue of those courts.


  1. CONTACT US 

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, please contact us at: 


Rawry Pet Products

help@rawrycat.com 

P.O. Box 1740 New York, NY 10037


California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

TERMS AND CONDITIONS


Rawry Pet Products (hereinafter, “Rawry,” “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions, our Terms of Service, and our Privacy Policy (collectively, the “Agreement”). By opting in to or participating in the Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in Section 11 (Dispute Resolution) below and in Section 17 (Arbitration) of our Terms of Service.

This Agreement is limited to the Program and is not intended to modify any other terms and conditions or privacy policy that may govern the relationship between you and Us in other contexts.

1. User Opt-In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in, such as through online or application-based enrollment forms. Regardless of the opt-in method utilized, you agree that this Agreement applies to your participation in the Program.

By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

Message and data rates may apply. Message frequency varies.

2. User Opt-Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may receive an additional mobile message confirming your decision to opt out.

You understand and agree that the keyword-based opt-out methods described above are the primary and preferred methods for opting out of the Program. Our text message platform may not recognize requests that alter, change, or modify the opt-out keyword commands (for example, misspellings or the addition of other words to a command). Rawry and its service providers are not liable for failing to honor non-standard opt-out requests.

While you may also communicate an opt-out request through other means (such as contacting customer support), please be aware that processing such requests may take longer and that keyword-based opt-out remains the most reliable and immediate method. We strongly encourage the use of the keyword commands set forth above to ensure prompt removal from the Program.

3. Program Description

Without limiting the scope of the Program, users who opt in can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of pet products, pet accessories, pet food, pet care supplies, and related goods and services. Messages may include checkout reminders, promotional offers, and transactional notifications.

4. Cost and Frequency

Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional messages may be sent based on your interaction with Us.

5. Support

For support regarding the Program, text “HELP” to the number from which you received messages, or email us at help@rawrycat.com. Please note that use of this email address is not an acceptable method of opting out of the Program. Opt-out requests must be submitted in accordance with Section 2 above.

6. MMS Disclosure

If your mobile device does not support MMS messaging, the Program will send SMS terminating messages in lieu of MMS messages.

7. Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times. The Program may not continue to function in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider or network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements

You must have a wireless device capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction

Consistent with our Terms of Service, the Program is not available to individuals under thirteen (13) years of age, and you may not use or engage with the Program if you are under thirteen (13). If you are between thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to participate. By using or engaging with the Program, you represent and warrant that you meet the applicable age requirements and that your use is permitted by the laws of your jurisdiction.

10. Prohibited Content

You acknowledge and agree not to send any prohibited content over the Program. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

  • Any product, service, or promotion that is unlawful where such product, service, or promotion is received;

  • Any content that implicates or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”); and

  • Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

11. Dispute Resolution

Any dispute, claim, or controversy between you and Us, between you and Stodge Inc. d/b/a Postscript, or any other third-party service provider acting on Our behalf to transmit mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof – including the determination of the scope or applicability of this agreement to arbitrate – shall be resolved in accordance with the arbitration provisions set forth in Section 17 of our Terms of Service, which are incorporated herein by this reference. To the extent of any conflict between the arbitration provisions in the Terms of Service and this Section, the Terms of Service shall control.  

Arbitration Administration

The arbitration shall be administered by JAMS or its successor in accordance with the JAMS Arbitration Rules & Procedures then in effect. The most recent version of the JAMS Arbitration Rules & Procedures is available at jamsadr.com and is hereby incorporated by reference. The arbitrator shall apply the substantive laws of the State of New York, without regard to its conflict of laws rules, consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitations.

In the event of a dispute regarding the enforceability or interpretation of this arbitration agreement, the arbitrator shall decide such issues in accordance with the FAA. The parties also agree that the JAMS rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.

The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except as provided in Section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.

Class Action Waiver

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

Confidentiality

Except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless necessary to protect or pursue a legal right. This confidentiality obligation supplements, and does not conflict with, the arbitration provisions set forth in Section 17 of the Terms of Service. 

Severability and Jury Waiver

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

This arbitration provision shall survive any cancellation or termination of your agreement to participate in the Program.

12. State-Specific Provisions

Florida. We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that We may treat you as a Florida resident if, at the time of opt-in to the Program, either: (1) your shipping address is located in Florida; or (2) the area code for the phone number used to opt in to the Program is a Florida area code.

You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or do not affirmatively advise Us in writing that you are a Florida resident by sending written notice to Us.

To the extent you are a Florida resident, you agree that mobile messages sent by Us in direct response to your mobile messages or requests (including, without limitation, responses to keywords, opt-in and opt-out requests, help requests, and shipping notifications) do not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including Sections 501.059 and 501.616), to the extent such law is otherwise relevant and applicable.

California. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). For information about your California privacy rights related to Personal Information collected through the Program, please refer to our Privacy Policy. To the extent the Program constitutes advertising or marketing under California Business and Professions Code § 17538.41, We will comply with applicable identification and opt-out requirements. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Other Jurisdictions. To the extent any state or local law imposes additional requirements on commercial text messaging, telemarketing, or electronic communications that are applicable to the Program, We will endeavor to comply with such requirements. Nothing in this Agreement is intended to waive, limit, or override any rights you may have under applicable state consumer protection, privacy, or telemarketing laws that cannot be waived by contract. If any provision of this Agreement conflicts with mandatory requirements of applicable state law, such state law shall govern to the extent of the conflict.

13. Privacy and Data Rights 

Personal Information collected through the Program is subject to our Privacy Policy. You may exercise your privacy rights, including rights to access, delete, correct, or opt out of the sale or sharing of your Personal Information, as described in our Privacy Policy. California residents and residents of other states with applicable privacy laws should refer to our Privacy Policy for state-specific rights disclosures.

14. Miscellaneous

You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and that nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect.

Any new features, changes, updates, or improvements to the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to modify this Agreement from time to time. Any updates to this Agreement will be communicated to you. You acknowledge your responsibility to review this Agreement periodically and to be aware of any such changes. By continuing to participate in the Program after any such modification, you accept this Agreement as modified.

15. Contact

If you have any questions or concerns regarding these SMS/MMS Terms and Conditions, please contact us at: 

Rawry Pet Products

help@rawrycat.com 

P.O. Box 1740, New York, NY 10037