Terms of Use

Bow Wow Labs Terms of Use

OVERVIEW This website is operated by Bow Wow Labs. Throughout the site, the terms “we”, “us” and “our” refer to Bow Wow Labs. Bow Wow Labs offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content (e.g., customer-generated content on our social media platforms). Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 acceptance of those changes. Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms 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 may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 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 at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 - PRODUCTS OR SERVICES 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 Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. For your dog’s safety, be sure to properly use our products, which includes sufficiently tightening the Bow Wow Buddy around the bully stick and using only our bully sticks. Our bully sticks have been hand-selected to fit with our Bow Wow Buddy. If bully sticks from other vendors are used in the Bow Wow Buddy, the sticks may not fit properly and could be removed from the Bow Wow Buddy by your dog during use.Pets should be supervised while enjoying our products. 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 anytime 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. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 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. For more detail, please review our Returns Policy. SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party 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). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Materials could include social media posts from customers, product information from our partners with links to their sites, or information from our philanthropic partners. Third-party links on this 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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party 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. SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content – especially but not limited to content that appears on linked social media accounts – that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the 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 in the Service or on any related 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Bow Wow Labs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Bow Wow Labs 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. SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@bowwowlabs.com.

Bow Wow Bucks Loyalty and Rewards Program

Terms and Conditions

ELIGIBILITY The Bow Wow Bucks Loyalty and Rewards Program (the “Program”) is open to individuals who enroll in the Program and are legal residents of the United States who are at least the age of majority as of the date of enrollment, as defined in their jurisdiction of residence, unless otherwise prohibited by law in the jurisdiction where the individuals reside (each a “Program Participant”). A Program Participant may enroll in the Program by creating an account on www.bowwowlabs.com (the “Website”) on or after April 17, 2023. Program Participant must provide all information requested at the time of enrollment including, but not limited to first and last name, a valid email address, and phone number. Those who engaged in a qualifying activity/milestone below, or who purchased Company products (the “Products”) through a Subscription that is still active as of April 17, 2023 or on the Website (defined below) therefrom (each a “Purchase”) through an account (not as a guest) before April 17, 2023 shall earn Bucks as provided below, but may not redeem such until such Program account is created through the Website. ENROLLMENT TERMS By enrolling in the Program, all Program Participants:
(a) agree to be bound by and abide by these terms and conditions as well as any documents these terms and conditions reference or link, all of which are expressly incorporated as a substantive part herein by this reference (collectively, these "Terms and Conditions"), that govern the Program or a Program Participant's access to and participation in the Program, including but not limited to Bow Wow Labs, Inc.’s (the “Company”) Terms of Service and Privacy Policy, as well as such third parties that assist in administration of the Program such as YotPo, Ltd. and DDL Advertising, LLC (collectively, the “Policies”), all as updated from time to time. Capitalized terms not defined herein are defined in the respective Policies; (b) agree and acknowledge that the Bucks (defined below) offered through the Program have no actual cash value and may only be redeemed for Program Rewards (as defined below) offered through Program; (c) agree that Company may refuse redemption of Bucks, or may revoke accumulated Bucks upon belief that a Program Participant is in violation of these Terms and Conditions, any applicable state or federal law of the United States, or is partaking in any other unauthorized use of the Program, Bucks, or any other services offered by Company; (d) agree to be bound by the decisions of Company, which are final and binding in all matters relating to the Program and irrevocably waive any and all right to claim ambiguity in the Program or these Terms and Conditions; (e) agree that failure to comply with these Terms and Conditions may result in being disqualified from participation in the Program; and (f) acknowledge and agree that these Terms and Conditions affect a Program Participant's legal rights and obligations.
If a Program Participant does not agree to be bound by all of these Terms and Conditions, a Program Participant should not enroll in or participate in the Program. EARNING LOYALTY PROGRAM BUCKS Loyalty Program points ("Bucks") are earned by Program Participants’ various activities, milestones, and Purchases as provided below, and based on the scale that 5 Bucks is the equivalent of a $0.03 USD discount off an eligible Purchase (the “Scale”).
Program Activity
Reward Bucks Earned
Additional Conditions and Restrictions
Enter some text
5 for every $1 spent
Bucks are earned on total Purchase amounts before taxes and shipping. Those who earn any Bucks will achieve status in the Cool Dog tier (the “First Tier”), and those who spend at least $150 USD on Purchases made on or after April 17, 2023 before taxes and shipping will achieve status in the Super Dog tier (the “Second Tier”). Those in the Second Tier can increase the number of Bucks earned. Specifically, those in the Second Tier will receive a 1.6 multiplier on the total Bucks earned for each qualifying Purchase or activity. For example: Second Tier would receive 400 Bucks instead of 250 Bucks for the 6 Month Anniversary Reward (1.6 x 250 Bucks= 400 Bucks). Second Tier status and associated Bucks will be forfeited if no Purchases are made in 1 year from the date such status is achieved and each year thereafter. Bucks earned for Purchases will be reflected in Program Participant’s account once the order has been fulfilled. If Products are returned for a refund pursuant to Company’s return policy, such added Bucks shall be removed from Participant’s account. Similarly, if Products purchased with Bucks are refunded, such amount of Bucks will be added back to Participant’s account. Such adjustments on Bucks shall be reflected within 1-3 business days of the completed transaction.
Complete account sign up for new enrollment
350
Existing customers who completed any of the following actions prior to April 17, 2023 and remain currently enrolled on or thereafter April 2023: signed up for account, made a subscription Purchase through the Bow Wow Now Membership Plan or “Subscribe & Save” (also referred to as a “Subscription”), or completed any activity for which Program Participants can earn Program Bucks, e.g. signed up for Company text messages, opted into Company email list, etc.
Up to 1,750
These Bucks are only awarded to those pre-existing customers who took such Buck generating actions before the launch of the Program that can no longer be repeated. For example: a customer who maintained a Subscription will be seeded 1,600 Bucks for such, and a customer who opted in to Company texts before start of Program will be seeded Bucks for such because the customer cannot opt into the Company texts again.
Achieve Second Tier status
150
Awarded upon achieving status.
Program Participants follow the Company’s TikTok, Facebook, Twitter, or Instagram channels (@bowwowlabs)
35 for each platform
Bucks awarded when action is completed through https://www.bowwowlabs.com/rewards Only 1 handle per account may be utilized to follow each Company platform. Program Participants will not earn additional Bucks by unfollowing and following the Company platform(s) after the initial follow and Bucks are awarded for such.
Complete sign up for Company text messages
150
Awarded to first time sign up on or after April 17, 2023.
12 Month Anniversary Reward
500
Awarded after Program Participant has maintained an active Subscription for 12 consecutive months on or after April 17, 2023.
6 Month Anniversary Reward
250
Awarded after Program Participant has maintained an active Subscription for 6 consecutive months on or after April 17, 2023.
Dog Birthday Bonus
150 (250 for Second Tier)
Awarded annually on only 1 of the Program Participant's dog’s birthday provided in account information. Bucks will not be awarded for such year if dog birthday was added to the account after the birthday date.
Refer a Friend
1,667
Awarded when referred friend completes a purchase with Program Participant’s unique referral link. Referral link is generated upon sign up. Referred friend must be a new customer and will receive $10 off first purchase through Website. Referred friend’s first purchase must be at least $10 before taxes and shipping.
Company may also periodically offer, in its sole discretion, opportunities for Program Participants to earn additional Bucks through special promotions. Information regarding these opportunities will be provided to Program Participants through the Website, Company social accounts, or through the email address provided during enrollment in the Program. Company reserves the right, in its sole discretion, to add, remove, or change the conditions of, relating to the accumulation, expiration or redemption of Bucks and any Program Rewards. Notice of any such change shall be posted at the Website and shall be effective thirty (30) days thereafter. Company will make reasonable efforts to email Program Participants (at the emails associated with their accounts), directing them to the Website to review any forthcoming changes, though failure to do so shall not be a breach of these Terms and Conditions. REDEEMING BUCKS Unless expressly provided otherwise herein, Bucks shall accumulate on a yearly basis starting on the date Program Participant’s account was activated/enrolled or April 17, 2023, whichever later, and ending 1 year thereafter (each a "Program Year"); and Bucks accumulated during any Program Year must be redeemed during such time, after which such Bucks shall expire and shall not be eligible to redeem for Program Rewards, and shall NOT be carried over to a subsequent Program Year. However, exceptions may be made in Company’s discretion to extend Second Tier status or Bucks if such is due to the loss of a Program Participant’s dog. Please contact customer service regarding such requests at hello@bowwowlabs.com. For clarity, a Program Participant shall receive and be able to redeem the following during the initial Program Year: (a) previously seeded Bucks for qualifying activities and milestones that occurred prior to April 17, 2023 as provided above and (b) Bucks earned for new Buck generating actions during such Program Year. Upon log in, available Bucks will be available under the “My Activity Section,” which will display the Program Participant’s name, available Bucks, and buttons to redeem available Program Rewards and to view history and status of accumulated Bucks. Program Participants may redeem the Program Rewards by copying and pasting the code generated after selecting the corresponding “Redeem Your Bucks” button(s) on available Program Rewards at check out. Each code may only be used once. YotPo, Ltd. and DDL Advertising, LLC (each an “Administrator”) will assist Company in the administration and execution of the Program and redemption of Program Rewards. As such, certain personal information shared in connection with the Program may be shared to and accessed by each Administrator pursuant to their Policies. Company reserves the right to contract with other third-party Administrators in the future to administer the Program. It is Program Participant's responsibility to read and understand the applicable terms and conditions of use and privacy policy of any Administrator. Program Participants understand and agree that any Program Reward redemption through the Administrator may be subject to additional terms, conditions, restrictions, and limitations as set by the Administrator in its sole discretion at any time and without prior notice. Program Participant hereby agrees to irrevocably waive any claim or cause of action against Company for any misuse of any personal information provided by Program Participant to any Administrator. Bucks may be redeemed for discounts on Purchases (the "Program Rewards") as follows:
500 Bucks= $3 USD off
1,000 Bucks= $6 USD off
2,500 Bucks= $18 USD off*
5,000 Bucks= $36 USD off*
*these Program Rewards do not follow the Scale above. Instead, Program Participants who save their Bucks during a Program Year and redeem in sets of 2,500 or 5,000 Bucks will be provided savings based on the scale that 5 Bucks is the equivalent of a $0.036 USD discount off an eligible Purchase.
ADDITIONAL PROGRAM RULES The Program and these Terms and Conditions are subject to all applicable federal, state and local laws. The Program is void where prohibited or restricted by law. Enrollment materials or data that has been tampered with or altered are void. Company assumes no responsibility for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible enrollment submissions, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of enrollment submissions, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive enrollment information by Company or Administrator on account of technical problems; or (iii) any injury or damage to Program Participant's or any other person's mobile device related to or resulting from enrollment in or participating in the Program. Company may prohibit a Program Participant from enrolling in or participating in the Program or redeeming Bucks if, at its sole discretion, it determines that said Program Participant is attempting to undermine the legitimate operation of the Program by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other Program Participants or representatives of Company or Administrator. Any Program Participant attempting to defraud or in any way tamper with the Program will be ineligible to participate in the Program and may be prosecuted to the full extent of the law. All questions and disputes regarding the Program, including, without limitation, all questions or disputes regarding a Program Participant's eligibility for the Program or compliance with these Terms and Conditions will be resolved by Company in its sole discretion. Enrollment submissions that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and by means which subvert the enrollment process and Program operations are void. Program Participants may be disqualified if Company learns that the Program Participant disparages Company while participating in the Program. Program Participants should be aware that Company retains the right to take legal action against Program Participants who commit libel or slander against Company while participating in the Program. These Terms and Conditions constitute a complete and binding agreement between Company and a Program Participant. No waiver by Company of any right, obligation, or provision set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other right, obligation, or provision, and any failure of Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision, in whole or in part. To the extent that any provision of these Terms and Conditions are deemed invalid, the remainder of the Terms and Conditions shall remain in full force and effect. RELEASE OF LIABILITY By enrolling and participating in the Program, Program Participant releases Company, its parent companies, subsidiaries, affiliates and partners, and each of their employees, directors, agents, and advertising agencies; and all others associated with the development, execution, and administration of this Program (collectively, the "Released Parties") from any and against any and all claims, liability, loss, attorneys' fees and costs of litigation and settlement, or damage whatsoever arising with respect to the Program or the awarding, receipt, possession or use or misuse of any Bucks or Program Rewards. PROGRAM PARTICIPANTS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE PROGRAM, ANY PROGRAM MATERIALS, GUIDANCE OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Program Participant agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
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.
The Released Parties will have no liability whatsoever for failure to supply a Program Reward or any part thereof, by reason of any acts of any Administrator, God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Program Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Program, or any Program Rewards redeemed thereunder, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with enrolling and participating in the Program, but in no event injunctive or other equitable relief; and (c) unless specifically prohibited by law, under no circumstances will any Program Participant be permitted to obtain any award for, and Program Participant hereby irrevocably waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred. GOVERNING LAW AND JURISDICTION These Terms and Conditions, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms and Conditions, the Program, and related transactions thereto, and in each case, including non-contractual disputes or claims (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. ARBITRATION Any Dispute shall be settled by individual, binding arbitration under the Commercial Arbitration Rules under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”). The place of arbitration shall be the AAA office nearest to Company’s business location in California, or other mutually agreed location. The language of the arbitration shall be English. The arbitrator shall be an attorney with experience in the field of intellectual property and advertising law. All Disputes shall be arbitrated or litigated on an individual basis. Program Participant hereby irrevocably waives any right it may otherwise have to proceed on a class or collective basis and waives all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The parties shall bear their own expenses, except that parties shall equally share the expenses of any arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration or litigation may seek from the arbitrator or court an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by an arbitrator may be entered in any court having jurisdiction thereof. Any Dispute not capable of being resolved by arbitration shall be commenced exclusively in the state or federal courts of the United States or the courts of the State of California, in each case located in Marin County, although Company retains the right to bring any suit, action or proceeding against Program Participant for breach of these Terms of Conditions in Program Participant’s county of residence or any other relevant county. EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THE PROGRAM, PROGRAM PARTICIPANT HEREBY WAIVES ANY RIGHT PROGRAM PARTICIPANT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROGRAM, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of these Terms of Conditions will continue to apply. FINANCIAL INCENTIVES DISCLOSURE The California Consumer Privacy Act of 2018’s (“CCPA”) implementing regulations define a “financial incentive” as a program, benefit or other offering “related to the collection, deletion, or sale of personal information.” Company’s collection of Program Participant’s personal information (including legal name, address, state, country, zip code, email, phone number, and social handles) allows Company to effectuate the Program. Company estimates the value of a Program Participant’s personal information solely for purposes of the CCPA and pursuant to the valuation options mandated by the CCPA regulations, to be reasonably related to the value of the offer or discount presented to Program Participant. Program Participant may participate in the Program as provided herein and may opt out pursuant to the Policies. NO ASSOCIATION Except as expressly provided herein, this Program is in no way sponsored, endorsed or administered by or otherwise associated with Instagram, Meta (formerly Facebook), Twitter, TikTok, YouTube or any other third party platform. CHANGES TO THE PROGRAM AND THESE TERMS & CONDITIONS Company reserves the right at its sole discretion to suspend, modify or terminate the Program, or revise and update these Terms and Conditions at any time, provided that any notices required by these Terms and Conditions are provided. If the Program is terminated, Program Participants shall have 60 days to redeem any accumulated Bucks from the date the notice of such termination is posted at the Website or Program Participant is otherwise notified. A Program Participant's continued enrollment or participation in the Program following the posting of the revised Terms and Conditions means that a Program Participant accepts and agrees to the changes. Program Participants are expected to check for updates to these Terms and Conditions available at the Website from time to time so they are aware of any changes, as they are binding on all Program Participants.

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