Términos del servicio

1. Parties; Acceptance of Terms

1.1 The website currently located at www.happypawsus.com, together with any successor sites and all related subdomains (collectively, the Site), is owned and operated by Happy Paws LLC, a Florida limited liability company (Happy Paws, the Company, we, us, or our). These Website Terms of Service and Sales Terms (this Agreement or these Terms) set forth the legally binding terms and conditions governing (a) your access to and use of the Site and any content, functionality, and services offered on or through the Site (collectively, the Service), and (b) your inquiries, reservations, purchases, instore sales, and shipments of live kittens and any related products or services (collectively, the Kittens, and together with any ancillary goods and services, the Offerings).

1.2 By accessing, browsing, or using any part of the Site or Service, by creating an account, by placing an order or paying a deposit, by executing any purchase agreement or order form, or by otherwise indicating your assent to these Terms (including via any I Agree, checkbox, electronic signature, or similar mechanism), you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as all additional policies and documents expressly incorporated herein by reference.

1.3 If you do not agree to all of the terms and conditions of this Agreement, you must not access or use the Site or Service, place any order, pay any deposit or purchase price, or take possession of any Kitten.

1.4 These Terms apply to all visitors to and users of the Site, and to all purchasers of Kittens from the Company, whether purchases are consummated online, instore, or through remote communications coordinated via the Site or otherwise.

1.5 In addition to these Terms, your use of certain features, services, or areas of the Site (including, without limitation, shipping services, financing options, or promotional programs) may be subject to additional terms, policies, guidelines, or rules posted or otherwise made available by the Company (collectively, Additional Terms). All such Additional Terms (including, without limitation, the Company’s Refund and Cancellation Policy and the Purchase Agreement referenced below) are hereby incorporated by reference into this Agreement. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall control solely with respect to the feature, service, transaction, or subject matter to which they expressly relate, unless expressly stated otherwise.

1.6 In the event of any conflict between these Terms of Service and the Purchase Agreement, the Purchase Agreement shall control over these Terms of Service.

1.7 The parties acknowledge and agree that this Agreement is mutually constructed and shall be deemed to have been jointly drafted. Any ambiguity or uncertainty herein shall not be construed against either party on the basis of authorship or drafting, but shall instead be interpreted in a fair and reasonable manner consistent with the parties intent.

1.8 These Terms are for the sole benefit of the Company and you as the user or purchaser, and, except as otherwise expressly provided herein, are not intended to confer any rights or remedies upon any third party, including any purported third-party beneficiaries.

2. Eligibility; Age Requirements

2.1 The Site, Service, and Offerings are intended solely for use by individuals who are of legal age to form a binding contract under applicable law. By accessing or using the Site or Service, or by placing an order or paying any amount toward the purchase of a Kitten, you represent and warrant that:

you are at least eighteen (18) years of age; or
if you are over thirteen (13) years of age but under the age of majority in your jurisdiction of residence, you are using the Site and Service only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.

2.2 If you are thirteen (13) years of age or younger, you are not permitted to access or use the Site or Service for any purpose. The Site and Service are not intended for children under thirteen (13) years of age, and we do not knowingly collect personal information from children under thirteen (13) years of age.

2.3 If you are a parent or legal guardian permitting a minor (over the age of thirteen (13) and under the age of majority) to use the Site or Service or to participate in any transaction, you hereby agree to:

supervise the minors use of the Site and Service;
assume all risks associated with the minors use of the Site and Service and any purchase of Kittens;
assume any and all liabilities resulting from the minors use of the Site and Service and from any transaction entered into by or on behalf of the minor; and
ensure the accuracy and truthfulness of any information submitted by the minor.

2.4 You represent and warrant that you have full power and authority to enter into and comply with this Agreement, and that doing so does not and will not conflict with any other agreement to which you are subject.

3. Privacy; Data Practices; Commercial Communications

3.1 The Company’s collection, use, disclosure, and protection of your personal information in connection with the Site, Service, and Offerings are governed by our separate Privacy Policy, which is incorporated herein by reference. By using the Site or Service, or by engaging in any transaction with us, you acknowledge that you have had the opportunity to review the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance therewith.

3.2 Without limiting the foregoing, you understand and agree that the Company may collect, store, process, use, and disclose information relating to you and your use of the Site and Service, including information you provide when placing orders, paying deposits, creating an account, submitting inquiries, or otherwise interacting with the Site or Service, in accordance with the Privacy Policy and applicable law.

3.3 You are responsible for maintaining the confidentiality of any login credentials, account details, or other authentication information associated with your use of the Site and Service, and for all activities that occur under your account or using your credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.4 By providing your email address, telephone number, postal address, or other contact information, you expressly consent to receiving transactional communications from us, including order confirmations, invoices, shipping updates, and notices required by law.

3.5 You also expressly consent to receiving commercial and marketing communications from us, including via email, text message, and other electronic means, regarding promotions, newsletters, special offers, and other information about our Kittens and related products and services, subject to your right under applicable law to opt out of such marketing communications. You may opt out of marketing emails by using the unsubscribe mechanism contained in those communications. Even if you opt out of marketing communications, we may still send you nonmarketing communications as required or permitted by law (order confirmations, legal notices, and updates important to your transactions or account).

3.6 The Company endeavors to comply with all applicable laws governing commercial email and marketing communications, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM) and any similar federal or state laws. You agree that your consent to receive such communications satisfies any requirement that such communications be in writing.

4. Use of the Site and Service; License and Restrictions

4.1 Subject to your continued compliance with this Agreement, the Company grants you a limited, revocable, nonexclusive, nontransferable, and non-sublicensable license to access and use the Site and Service solely for your personal, noncommercial use, including browsing, obtaining information about Kittens, contacting us, and initiating legitimate purchase transactions.

4.2 You shall use the Site and Service only for lawful purposes and in accordance with this Agreement. Without limiting the generality of the foregoing, you agree that you shall not:

access, use, or attempt to access or use the Site or Service for any purpose that is unlawful or prohibited by this Agreement or any applicable law, regulation, or rule;
interfere with or disrupt the operation of the Site or Service or any servers or networks connected thereto, including by transmitting any viruses, worms, Trojan horses, malicious code, or other items of a destructive or disruptive nature;
attempt to gain unauthorized access to any portion or feature of the Site or Service, any other systems or networks connected to the Site or Service, or any Company server, whether by hacking, password mining, or any other illegitimate means;
use any robot, spider, scraper, crawler, or other automated means or manual process to access, monitor, copy, or otherwise collect data from the Site or Service for any purpose without the Company’s prior written consent;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including the Company;
engage in any activity that would constitute or encourage a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
use the Site or Service for any commercial purpose not expressly authorized by the Company, including any resale, distribution, or reproduction of content or information obtained through the Site;
remove, obscure, or alter any copyright, trademark, or other proprietary rights notice appearing on or contained within the Site, Service, or any content;
harvest or otherwise collect information about other users of the Site or Service, including email addresses or payment information, without their express consent and the Company’s express written authorization; or
use the Site or Service in any manner that could damage, disable, overburden, or impair the Site or Service or interfere with any other partys use and enjoyment thereof.

4.3 Any use of the Site or Service not expressly permitted by this Agreement is prohibited and constitutes a material breach of this Agreement. The Company reserves all rights not expressly granted to you in this Agreement.

5. Kitten Information; No Veterinary Advice

5.1 The Site may display or otherwise make available information regarding Kittens offered for instore sale or shipment, including but not limited to descriptions, images, pricing, availability, breed information, general health-related information, and other related content (collectively, the Kitten Information). The Kitten Information is provided for general informational purposes only and does not constitute veterinary advice or professional animal health guidance.

5.2 You acknowledge and agree that:

the Company is not a veterinary clinic, does not provide veterinary services, and does not employ veterinarians for the purpose of rendering veterinary medical advice through the Site or Service;
any information on the Site relating to kitten health, nutrition, care, behavior, vaccinations, deworming, spay/neuter procedures, or other veterinary matters is provided for general, educational, and informational purposes only and is not intended as, and shall not be construed as, veterinary or medical advice, diagnosis, treatment, or recommendation; and
the Company and its licensors make no representation or warranty regarding the accuracy, completeness, currency, or reliability of any Kitten Information or any other content relating to veterinary or health matters, and such information may not reflect the most current standards, practices, or veterinary guidelines.

5.3 You understand and agree that you must consult with a qualified, licensed veterinarian for all questions regarding the health, condition, treatment, care, behavior, and needs of any kitten or other animal. You should never disregard professional veterinary advice or delay seeking such advice in reliance on any Kitten Information or other content available on the Site or through the Service.

5.4 To the fullest extent permitted by applicable law, the Company and its licensors shall not be responsible or liable for:

the accuracy, reliability, completeness, or usefulness of any Kitten Information or other content displayed on or accessible through the Site or Service, including without limitation any information relating to veterinary or health matters; or
any decisions, actions, or failures to act by you or any third party in reliance on any Kitten Information or other content obtained from the Site or Service, including without limitation any injury, illness, or death of any animal.

5.5 Without limiting any other disclaimer or limitation of liability set forth in this Agreement, you assume all risks associated with relying on any Kitten Information or other content available through the Site or Service.

6. Orders, Deposits, Financing, and Contract Formation

6.1 The Site and our representatives may enable you to submit inquiries, place reservations, pay deposits, or otherwise initiate transactions to purchase Kittens either for instore pickup or for shipment. Any such transactions are subject to this Agreement and any Additional Terms expressly applicable to such transactions, including without limitation the Happy Paws Refund and Cancellation Policy and the Happy Paws Purchase Agreement (collectively, the Sales Terms).

6.2 Any prices, availability information, descriptions, or other information regarding Kittens displayed on the Site or provided by the Company are subject to change without notice and do not constitute an offer by the Company to sell. All such information is an invitation for you to make an offer to purchase a Kitten pursuant to this Agreement and the applicable Sales Terms.

6.3 By placing an order, paying a deposit, signing any purchase agreement, or otherwise indicating your intent to purchase a Kitten, you are making a binding offer to purchase that Kitten subject to this Agreement and any applicable Sales Terms. You agree to provide current, complete, and accurate information in connection with any order, including your contact information, payment information, and delivery or pickup information, and to update such information as necessary.

6.4 The Company reserves the right, in its sole discretion and without liability to you, to accept or reject any order or reservation, or any portion thereof, or to impose quantity or other limits on any order, for any reason or no reason, including without limitation:

unavailability of the requested Kitten;
errors in pricing, description, or other Kitten Information;
suspected fraud, abuse, or other improper activity;
concerns regarding shipping feasibility or animal welfare; or
noncompliance with this Agreement, the Sales Terms, or applicable law.

6.5 No contract for the sale of any Kitten shall be deemed to exist between you and the Company unless and until the Company sends you a written order confirmation (which may be by email, electronic document, or through the Site) expressly accepting your order and, if applicable, countersigns a Purchase Agreement. The Company’s order confirmation, if issued, will typically specify the Kitten(s) purchased, the price, and (where applicable) the shipping or pickup arrangements.

6.6 The Company may cancel any accepted order or reservation, in whole or in part, in the event of (a) any error in pricing or other material information, (b) the unavailability of the Kitten(s), (c) concerns regarding animal welfare or regulatory compliance, or (d) any other reason that in the Company’s reasonable judgment makes fulfillment commercially impracticable or inadvisable. In such event, the Company’s sole obligation and your exclusive remedy shall be a refund of any amounts you have paid for the canceled portion of the order, subject to any limitations required or permitted by applicable law.

6.7 To reserve a Kitten, the Company generally requires a fixed, non-refundable, non-transferable deposit in the amount specified at the time of reservation (five hundred dollars (USD 500), eight hundred dollars (USD 800), or one thousand dollars (USD 1,000), plus applicable taxes). By paying such a deposit, you expressly acknowledge and agree that:

the deposit is non-refundable and nontransferable, except to the limited extent expressly required by nonwaivable law;
the deposit may not be applied to any other kitten, order, or customer without the Company’s prior written consent;
in case of cancellation by you for any reason not expressly covered by a statutory right or valid health guarantee claim, the deposit (and applicable tax) is forfeited in its entirety; and
the deposit is part of the total purchase price and will be applied to the balance due if and when you complete the purchase in accordance with the applicable Sales Terms.

6.8 The balance of the purchase price (after crediting the deposit) and all applicable fees and charges must be paid in full in cleared funds within the time period specified by the Company, which may include one or more of the following requirements:

payment in full at the time of purchase;
payment in full no later than twenty-four (24) hours before shipment; and/or
payment in full at the time of pickup if expressly permitted by the Company.

6.9 From time to time, the Company may make available third-party financing options, such as through Credova or installment payment options through Shop Pay or other providers (collectively, Financing Providers). You acknowledge and agree that:

any financing is provided solely by the applicable Financing Provider, not by the Company;
the Company does not control, and is not responsible for, any decision by a Financing Provider to approve or deny financing or any aspect of the financing terms;
the Company does not guarantee that you will be approved for financing;
if financing is denied or revoked, you remain fully responsible for paying the remaining balance in full before pickup or delivery of the Kitten;
if you are unable or unwilling to pay the remaining balance in full, any deposit you have paid remains non-refundable to the maximum extent permitted by law; and
your use of any financing is subject solely to your separate agreement with the Financing Provider and the Financing Providers policies and applicable laws.

6.10 You further acknowledge and agree that any installment, adopt now, pay later, or similar payment arrangements may be subject to separate terms and conditions imposed by the relevant payment processor or Financing Provider and that failure to comply with such terms may result in fees, penalties, or other consequences for which the Company is not responsible.

7. Pricing; Payment; Taxes

7.1 Unless expressly indicated otherwise, all prices for Kittens and other products or services offered through the Site or by the Company are stated in United States dollars (USD). Prices do not include applicable taxes, fees, shipping and handling charges, boarding fees, insurance, veterinary costs, financing charges, or other charges unless expressly stated, all of which shall be your responsibility and will be added to your total purchase price, as applicable.

7.2 The Company reserves the right to change its prices, fees, and charges at any time without prior notice. Such changes shall not affect orders that have already been accepted by the Company and for which an order confirmation has been issued, except in the event of an error as described in Section 6.6.

7.3 You agree to pay all amounts due for your orders at the time you place the order or as otherwise specified by the Company. By providing a payment method (such as a credit card, debit card, third-party payment account, or other method), you represent and warrant that you are authorized to use that payment method and that you authorize the Company (and its designated payment processors) to charge your payment method for the full amount of your order, including all applicable taxes, fees, and charges.

7.4 If your payment method is declined, rejected, or otherwise fails, you remain responsible for any amounts not collected, and the Company may, in its sole discretion and without limiting any other rights or remedies, cancel or suspend the corresponding order, treat any reservation as abandoned, or require an alternative valid payment method. You agree to promptly update your account information and payment method information as needed to ensure timely payment.

7.5 You are solely responsible for all taxes, duties, and other governmental assessments associated with your purchases and use of the Site and Service, other than taxes based on the Company’s net income. The Company may collect and remit sales, use, or other taxes as required by applicable law, based on information provided by you and the shipping or pickup location associated with your order.

8. In-Store Pickup; Boarding; Risk of Loss and Title (In-Store)

8.1 For Kittens designated for in-store pickup, the Company will hold the Kitten for you at its designated physical location, currently 158 N University Dr, Pembroke Pines, Florida 33024 (or such other address as the Company may designate), for a limited period of time specified by the Company in its order confirmation or applicable Sales Terms.

8.2 Upon reservation of your chosen Kitten, you may be required to pay a non-refundable, non-transferable deposit in a fixed amount (fUSD 500, USD 800, or USD 1,000, plus applicable tax). The Company may provide up to seven (7) days of complimentary boarding for reserved Kittens. Beginning on the eighth (8th) day after the initial reservation or the date the Kitten is declared ready to move to a new home (whichever is specified by the Company), a boarding fee of twenty dollars (USD 20) per day will be charged to cover the costs of care and accommodation. All applicable boarding fees must be paid in full before the Kitten is transferred to you.

8.3 Title to, and risk of loss of or damage to, a Kitten designated for in-store pickup shall pass to you only upon the later of: (a) the Company’s receipt of full payment in cleared funds for the Kitten (including any boarding, shipping, and other charges); and (b) your physical receipt of the Kitten at the Company’s location, as acknowledged by you or your authorized representative in writing or electronically.

8.4 If, at the time when the Kitten is in the Company’s store and ready to move to a new home, you do not pick up the Kitten within fourteen (14) days, or you do not reasonably cooperate in organizing the delivery (by failing to respond to communications or missing scheduled pickup appointments), thereby preventing the Company from safely delivering the Kitten, the Company may, in its sole discretion and without liability to you, treat the reservation as canceled and:

retain the entire deposit amount (USD 500, USD 800, or USD 1,000, plus applicable tax) as liquidated damages; and/or
in the case of a fully paid purchase, return to you the full amount you paid minus the nonrefundable deposit amount and any accrued boarding, administrative, or other permitted fees.

8.5 You acknowledge that in-store pickup may be subject to additional conditions, including but not limited to proof of identity, age verification, completion of any required documentation (including the Purchase Agreement and health guarantee acknowledgments), and satisfaction of any local legal requirements for the sale and transfer of a live animal.

9. Shipment of Kittens; Shipping Methods; Risk of Loss and Delivery

9.1 For Kittens designated for shipment, the Company will arrange shipment to the shipping address you provide at the time of order, using a carrier, method, and schedule selected by the Company in its discretion, subject to any applicable Additional Terms governing shipment of live animals and any available shipping options disclosed by the Company. Shipment of live animals is subject to various legal, airline, and carrier restrictions, and not all destinations or methods may be available.

9.2 The Company currently offers, subject to change, the following general shipping options, each of which may be subject to availability and specific conditions:

United States cargo delivery (pickup at your airports cargo facility), currently priced at approximately seven hundred United States dollars (USD 700), subject to airline temperature and breed restrictions (including additional restrictions for certain snub-nosed breeds such as Burmese, Exotic Shorthair, Himalayan, and Persian);
pet in cabin with a flight nanny (standby supervision), currently priced at approximately one thousand United States dollars (USD 1000), with pickup at the designated airport;
local delivery, subject to distance-based fees (USD 50 up to twenty-five (25) miles, USD 100 from twenty-five (25) to fifty (50) miles, and USD 150 from fifty (50) to seventy-five (75) miles); and
self-pickup at the Company’s location at no additional delivery charge.

9.3 Shipment of Kittens involves inherent risks to the health, safety, and wellbeing of the animals, including but not limited to stress, temperature fluctuations, handling by third parties, delays, and other transportation conditions beyond the Company’s control. By electing to receive a Kitten via shipment, you expressly assume all such risks, to the fullest extent permitted by applicable law.

9.4 Unless expressly stated otherwise in writing, title to and risk of loss of or damage to a Kitten designated for shipment shall pass to you upon the Company’s delivery of the Kitten to the applicable carrier, driver, flight nanny, or other third-party transport provider at the shipping point. Thereafter, the Kitten shall be deemed to be in your possession and control, and any loss, injury, illness, or death occurring during or as a result of shipment or transportation shall be borne solely by you, subject only to any recourse you may have directly against the carrier or transport provider under its terms and applicable law.

9.5 The Company will use commercially reasonable efforts to arrange shipment in accordance with any estimated shipment or delivery dates provided; however, all such dates are estimates only and are not guaranteed. The Company shall not be liable for any delays, reschedulings, or failures in shipment or delivery, whether caused by the carrier, airline scheduling, weather, mechanical failure, labor disturbances, regulatory actions, border inspections, customs, or any other cause beyond its reasonable control. Flight delays, airport delays, or flight cancellations do not entitle you to a refund of the purchase price or deposit.

9.6 You agree to:

provide accurate and complete shipping information and promptly update any changes;
ensure that you or an authorized recipient is present at the delivery address or designated pickup location at the estimated delivery time to receive the Kitten promptly;
provide adequate, safe, and appropriate receiving conditions for the Kitten, including suitable temperature, shelter, and care, immediately upon delivery or pickup; and
inspect the Kitten immediately upon delivery or pickup and promptly (and in any event within any time period specified by applicable Sales Terms) notify the Company in writing of any visible issues, accompanied by detailed descriptions and, where applicable, supporting documentation such as photographs and veterinary reports.

9.7 The Company may, but is not obligated to, offer or arrange for insurance coverage for shipments of Kittens; any such insurance, if offered, and any associated cost, coverage terms, and claim procedures will be set forth in applicable Additional Terms. In all cases, you bear primary responsibility for any insurance you desire with respect to shipment of Kittens.

10. Return, Refund, and Replacement Policies; All Sales Final

10.1 Due to the unique nature of live animals and in order to protect the health and welfare of Kittens, the Company’s return, refund, and replacement policies for Kittens are strictly limited. You acknowledge and agree that Kittens are living creatures and are not returnable in the same manner as inanimate goods.

10.2 Unless otherwise expressly stated in a written Purchase Agreement, in this Agreement, or as required by any nonwaivable consumer protection law (including any applicable state pet sale or pet lemon law), all sales of Kittens are final, non-cancelable, and non-refundable. Kittens may not be returned for a refund, exchange, or store credit, including without limitation for reasons of:

change of mind;
dissatisfaction with appearance, including minor differences from photographs (such as eye color, coat shade, or similar variations);
incompatibility with other pets;
litter box or toilet issues;
allergies in the household;
temperament or behavioral concerns;
changes in personal circumstances (including housing, employment, or family situation)
conditions disclosed to Buyer in writing prior to sale;
parasites (including but not limited to intestinal parasites, ear mites, or fleas) unless law requires;
illnesses or injuries occurring or contracted after the transfer of the Kitten to Buyer
diseases caused by environmental factors or that are not diagnosable through standard veterinary testing;
ringworm;
injuries sustained after delivery to Buyer;
changes in eye color;
failure to thrive due to change in diet, environment, or inadequate care;
minor health issues that do not materially affect the overall health of the Kitten and are not covered by relevant law; or
theft, loss, or disappearance of the Kitten.

10.3 The Company may, in its sole discretion and on a case-by-case basis, offer limited remedies with respect to alleged health issues existing at the time of transfer of the Kitten, which may include replacement, partial credit, or other accommodations, subject to all of the following conditions and any additional conditions set forth in the Refund and Cancellation Policy, the Purchase Agreement, or applicable law:

You notify the Company in writing of the alleged issue within the strict time period specified by the Company or applicable law (within seventy-two (72) business hours after delivery or pickup for general health concerns, or within three (3) normal business days for claims that the Kitten is unfit for purchase due to a congenital or hereditary disorder).
You present the Kitten to a licensed veterinarian within such time period and obtain a written veterinary report describing the condition, its likely cause, and any relevant findings, including any required diagnostic tests.
You provide the Company with a complete copy of such veterinary report and any supporting documentation (such as laboratory results, imaging, and medical records) promptly upon receipt, and in any event within three (3) business days after the veterinarians findings.
You cooperate in good faith with the Company’s investigation of the matter, including permitting the Company to consult with the veterinarian and, where applicable, to arrange for a second veterinary opinion at the Company’s election.
If requested by the Company and permitted by law and consistent with animal welfare, you return or surrender the Kitten to the Company or to a third party designated by the Company.

10.4 Any remedy provided by the Company under this Section 10 shall be limited and exclusive, and shall be determined, to the extent permitted by applicable law, in the Company’s sole discretion, taking into account the Kittens condition, the veterinary reports, and the Company’s policies. Unless expressly required by applicable law, the Company shall not be obligated to provide any refund in cash and may provide only a credit or replacement Kitten.

10.5 Subject to any nonwaivable protections under applicable pet sale laws, only the base purchase price actually paid for the Kitten (excluding any deposit amount designated as nonrefundable, shipping or delivery charges, boarding fees, veterinary expenses, financing charges, or other ancillary costs) shall be eligible for potential refund or store credit. Delivery fees, shipping costs, boarding fees, veterinary expenses, diagnostics, treatment costs, and other incidental or consequential expenses are not refundable or reimbursable.

10.6 The Company’s separate, detailed Refund and Cancellation Policy, as may be updated from time to time, further elaborates the refund, cancellation, and replacement rules and is incorporated by reference into this Agreement. In the event of any conflict between this Section 10 and the Refund and Cancellation Policy, the Refund and Cancellation Policy shall control with respect to refunds, cancellations, and chargebacks, except to the extent inconsistent with applicable law.

10.7 Nothing in this Agreement obligates the Company to provide any refund, replacement, or other remedy beyond those expressly required by applicable law or expressly set forth in a written agreement signed by the Company.

10.8 Notwithstanding anything to the contrary in this Agreement, nothing in this Section 10 or this Agreement shall be interpreted to limit, waive, or modify any non-waivable rights or remedies available to the Buyer under applicable law, including but not limited to the Florida Pet Sales Act, Fla. Stat. § 828.29, or any successor statute.

11. Health Guarantees; Pet Sale Law Compliance; Post-Possession Illness

11.1 Except to the extent expressly provided in a separate written health guarantee or warranty specific to an individual Kitten (if any) and subject to any nonwaivable consumer protections under applicable law, the Company makes no representations, warranties, or guarantees, express or implied, with respect to:

the current or future health, condition, or behavior of any Kitten;
the absence of genetic, hereditary, congenital, or other latent or developmental conditions, diseases, or defects in any Kitten;
the longevity, temperament, fertility, reproductive capabilities, or suitability of any Kitten for any particular purpose (including but not limited to breeding, competition, emotional support, therapy, or service animal roles); or
the purity of breed or compliance of any Kitten with any particular breed standard, registration, or pedigree, unless expressly and specifically stated in writing by the Company for that Kitten.

11.2 You acknowledge that all Kittens are subject to risks of injury, illness, congenital or hereditary conditions, behavioral issues, developmental anomalies, and other conditions that may arise or become apparent over time, and that many such conditions cannot be reasonably detected or predicted at the time of sale notwithstanding appropriate veterinary examinations.

11.3 To the fullest extent permitted by applicable law, Kittens are sold as is and with all faults with respect to their current and future health, genetics, and condition, except to the limited extent of any express written health guarantee or warranty provided by the Company for a particular Kitten or expressly required by applicable law.

11.4 The Company’s health guarantee (if any) and the Florida pet sale or pet lemon law, to the extent applicable, may provide that:

you have a specified period, three (3) normal business days, excluding weekends and holidays from the date of sale or delivery in which to have the Kitten examined by a licensed veterinarian of your choice;
if the veterinarian certifies that, at the time of sale, the Kitten was unfit for purchase due to certain covered congenital or hereditary disorders or other covered conditions, you may have a statutory right to return the animal and receive a refund of the purchase price (including sales tax) or other statutory remedies; and
you must notify the Company within the statutory time period within two (2) business days after the veterinarians determination that the animal is unfit and provide the required written veterinary certification within the statutorily prescribed time period, no later than three (3) business days after receipt of the certification in order to preserve any such statutory remedies, failing which you may lose the right to return the Kitten or obtain such remedies.

11.5 To the extent permitted by applicable law, the consumer may sign a waiver of the right to return a kitten due to congenital or hereditary conditions, in which case the consumer may have a limited period, forty-eight (48) regular business hours, excluding weekends and holidays to have the kitten examined by a licensed veterinarian of their choice. Any such waiver must comply with applicable statutory requirements and does not waive any rights that cannot be legally waived.

11.6 An animal cannot be deemed unfit for sale within the meaning of the applicable health guarantee or pet sale law solely due to injury or illness acquired after the consumer takes possession of the animal. A veterinary finding of intestinal or external parasites alone is generally not grounds for unfitness unless the animal is clinically ill as a result, except to the extent otherwise expressly required by applicable law.

11.7 You agree to present the Kitten to a licensed veterinarian for a comprehensive wellness examination, including stool analysis, within seventy-two (72) business hours of receiving the Kitten. Such examination is at your expense. Parasites (including but not limited to giardia, coccidia, and other intestinal or external parasites) are common in kittens and are considered maintenance conditions rather than grounds for unfitness. The Company’s health guarantee does not cover parasite treatments, except to the limited extent specifically required by law.

11.8 If the Kitten dies and the cause of death is unclear and no veterinary documentation is available establishing a covered condition, the Company may require, as a condition to any remedy, that you obtain at your own expense a necropsy (postmortem examination) performed by a licensed veterinary pathologist. If necropsy results fail to conclusively demonstrate that a covered congenital or hereditary defect or covered FIP diagnosis caused the death, any applicable health guarantee may be deemed void and no refund or replacement will be provided.

11.9 The Company expressly excludes from its health guarantee, to the extent permitted by law, conditions that arise as a result of injury, neglect, improper care, exposure to other animals after transfer, or failure to obtain prompt veterinary care, and conditions affecting your existing pets that may become ill after contact with the Kitten. The Company is not responsible for the health or treatment costs of any other pets that may become ill after contact with the Kitten.

12. Feline Infectious Peritonitis (FIP) Limited Guarantee

12.1 Subject to the terms of this Agreement, the Refund and Cancellation Policy, and the Purchase Agreement, the Company offers a limited Feline Infectious Peritonitis (FIP) health guarantee for a period of ninety (90) calendar days from the date the Kitten is delivered to or picked up by you (the FIP Guarantee Period).

12.2 This FIP guarantee applies only in cases where FIP is confirmed by a licensed veterinarian using at least one of the following high-specificity diagnostic methods, each of which typically has an accuracy rate at or above approximately eighty-five percent (85%):

RealPCR (quantitative polymerase chain reaction) on abdominal or pleural effusion;
immunofluorescent antibody (IFA) testing performed on effusion;
RTPCR with spike gene mutation (S gene mutation PCR); or
histopathology with immunohistochemistry (IHC).

12.3 To file a claim under the FIP guarantee, you must, within the FIP Guarantee Period:

obtain a confirmed FIP diagnosis supported by at least one of the approved high-accuracy diagnostic methods listed above;
provide the Company with complete veterinary documentation, including full medical history, clinical signs, complete blood count (CBC) and biochemistry results, imaging results (such as ultrasound or radiographs), and the confirmed positive result from one of the approved tests; and
submit such documentation to the Company within the FIP Guarantee Period or within such additional time as the Company may reasonably allow in writing.

12.4 The FIP guarantee does not apply in the following circumstances, to the fullest extent permitted by law:

if the diagnosis is not confirmed by one of the approved high-accuracy methods listed above;
if the Kitten has been exposed to other infected animals after delivery or pickup in a manner that materially contributed to the FIP condition;
if the claim is submitted after the expiration of the ninety (90) day FIP Guarantee Period; or
if you have failed to comply with the initial veterinary examination requirements or other material obligations under this Agreement, the Refund and Cancellation Policy, or the Purchase Agreement.

12.5 The following are not covered under the FIP guarantee:

veterinary expenses, including diagnostics, treatment, hospitalization, medications, or emergency care;
transportation, shipping, or delivery costs associated with the original purchase or any replacement animal; or
any incidental or consequential damages arising out of or related to the FIP diagnosis.

12.6 In the event of a confirmed FIP diagnosis during the FIP Guarantee Period, and subject to your full compliance with the conditions of this Section 12 and any applicable law, the Company will offer you one of the following options, as determined in its sole discretion:

the provision of a replacement kitten of equal value (as determined by the original purchase price), with no guarantee as to exact color, pattern, coat, eye color, or sex (although the Company will use reasonable efforts to consider your stated preferences); or
a refund of the base purchase price of the Kitten (excluding any nonrefundable deposit, shipping or delivery charges, veterinary expenses, or other ancillary costs), where expressly chosen by Buyer or where law permits Seller election, in the form of a store credit or, where required by law or expressly agreed in writing, cash refund.

12.7 The Company reserves the right to request a second veterinary opinion or an independent expert review of the FIP diagnosis before making a final decision on any claim filed under this guarantee and may require necropsy confirmation if the Kitten has died and the cause of death is disputed.

13. Deposit Terms; Cancellation; Chargebacks

13.1 To reserve a Kitten, the Company generally requires a non-refundable, non-transferable deposit in a specified fixed amount (five hundred, eight hundred, or one thousand United States dollars, plus applicable tax). By paying such a deposit, you expressly agree and acknowledge that:

the deposit is strictly non-refundable and non-transferable under all circumstances except to the limited extent expressly required by applicable non-waivable law;
the deposit cannot be transferred, used as a credit, or applied toward the reservation or purchase of another kitten, order, or customer, except as the Company may expressly allow in writing;
if you cancel your reservation or purchase for any reason not covered by a statutory right or valid health guarantee claim, the deposit (and applicable tax) remains nonrefundable and is forfeited in its entirety; and
the deposit is intended to compensate the Company and its breeders for reserving the Kitten for you and for lost opportunities and administrative costs associated with that reservation.

13.2 The remaining balance of the purchase price (after crediting the deposit) must be paid in full within the timeframe specified by the Company, which may include, without limitation:

payment in full at the time of purchase;
payment in full no later than twenty-four (24) hours before any scheduled shipment of the Kitten; or
payment in full at or before pickup, if expressly allowed by the Company.

13.3 If you have paid in full (deposit plus remaining balance) and subsequently decide to cancel your order before delivery or pickup for any reason not covered by an applicable health guarantee, pet sale law, or written agreement:

the Company may, in its discretion, refund to you only the portion of the total payment exceeding the non-refundable deposit amount (refunding the amount you paid minus USD 500, USD 800, or USD 1,000, as applicable, plus any applicable non-refundable fees); and
the Company will have no obligation to refund any shipping or delivery fees, boarding fees, or other nonrefundable charges already incurred or irrevocably committed on your behalf.

13.4 No refund shall be due for cancellations made after the Kitten has been shipped, after risk of loss has passed to you, or after you have taken physical possession of the Kitten, except to the limited extent expressly provided in the Refund and Cancellation Policy, a health guarantee, or required by applicable law.

13.5 You expressly acknowledge and agree that:

refunds, if any, are strictly limited to the circumstances and amounts expressly set forth in this Agreement, the Refund and Cancellation Policy, the Purchase Agreement, and any applicable nonwaivable law;
you have no right to demand any greater refund, credit, or damages than those expressly provided in such documents; and
dissatisfaction with shipping delays, minor aesthetic differences from photographs, temperament, allergies, litter box issues, or other non-health related reasons does not entitle you to any refund, return, chargeback, offset, or compensation.

13.6 You further acknowledge and agree that by placing an order and paying via credit card, debit card, payment processor, or other electronic method:

you have read, understood, and agreed to the Company’s refund, cancellation, and chargeback policies;
you will not initiate, authorize, or encourage any chargeback, payment dispute, or reversal with your bank, card issuer, or payment processor based on facts or claims that contradict or are inconsistent with this Agreement, the Refund and Cancellation Policy, or the Purchase Agreement; and
you agree that this Agreement, together with the Refund and Cancellation Policy and Purchase Agreement, constitutes the sole and exclusive agreement between you and the Company regarding refunds and cancellations.

13.7 If you nonetheless initiate a chargeback or dispute with respect to a payment made to the Company:

the Company reserves all rights to contest such chargeback or dispute with a copy of this Agreement, the Purchase Agreement, the Refund and Cancellation Policy, proof of your acknowledgment and acceptance of the terms (including timestamps, IP addresses, and electronic signatures), and all related communications;
to the fullest extent permitted by law, you agree to reimburse the Company for any fees, penalties, or costs (including reasonable attorneys’ fees, administrative time, and collection costs) incurred by the Company in connection with responding to such chargeback or dispute, if the chargeback or dispute is resolved in the Company’s favor or is determined to have been initiated in bad faith; and
your failure to comply with the refund and cancellation terms may be deemed a material breach of this Agreement, entitling the Company to take any lawful action, including collection efforts, to recover amounts owed.

13.8 Nothing in this Section 13 limits or waives any rights that cannot be disclaimed under applicable consumer protection or similar laws. Subject to those non-waivable rights, you agree that any billing dispute, refund request, or claim relating to a payment made under this Agreement must first be submitted to the Company through the contractual refund or dispute resolution procedures described in this Agreement, and you agree to cooperate in good faith with the Company’s reasonable efforts to investigate and resolve the matter. Except where prohibited by applicable law, you agree not to initiate or pursue a chargeback or similar payment reversal with your payment provider unless and until you have first made a good-faith attempt to resolve the issue through the Company’s contractual process. Nothing in this Section prevents you from exercising any rights that cannot lawfully be waived.

14. Breeding Restrictions; Ownership Obligations

14.1 If you breed or attempt to breed a Kitten in violation of the breeding restrictions set forth in this Agreement and/or the Purchase Agreement (including, but not limited to, allowing the Kitten to produce or sire litters without having purchased breeding rights), you expressly agree that:

such breeding constitutes a material breach of this Agreement and a violation of the Company’s rights and policies; and
you shall pay to the Company, as liquidated damages and not as a penalty, an amount equal to one thousand United States dollars (USD 1,000) per kitten produced (whether born alive or stillborn), recognizing that actual damages would be difficult to ascertain and that this amount represents a fair and reasonable pre-estimate of the harm to the Company’s breeding program, reputation, and contractual arrangements with breeders.

14.2 You further agree not to transfer, abandon, or surrender the Kitten to any animal shelter, rescue organization, pound, humane society, research facility, or similar institution. If you are unable to continue to care for the Kitten at any time, you agree to:

contact the Company promptly before making any other rehoming arrangements; and
either return the Kitten to the Company or cooperate in good faith with the Company to rehome the Kitten, recognizing that no refund is owed in such circumstances unless expressly required by applicable law or agreed by the Company in writing.

15. Photo, Description, and Appearance Disclaimers

15.1 The Company may provide photographs, videos, and descriptions of Kittens for marketing and informational purposes. You acknowledge and agree that:

all photos and visual materials are for reference only;
eye color, coat shade, pattern, size, and other minor visual characteristics may vary in person and over time, including as the Kitten grows and matures; and
the Kitten you receive may have minor visual differences from pictures provided at the time of reservation or purchase.

15.2 You expressly agree that minor differences in appearance, including but not limited to changes in coat color, eye color, coat density, facial structure, or other nonmaterial aesthetic factors, do not constitute a defect, misrepresentation, or basis for any refund, return, exchange, chargeback, offset, or other remedy.

15.3 Breed standards, if referenced, are provided as general descriptions and do not constitute a warranty that any particular Kitten will conform to all aspects of such standards or achieve any particular show quality or performance level.

16. Disclaimer of Warranties

16.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE, COMPANY CONTENT, KITTEN INFORMATION, USER CONTENT, AND ALL OTHER INFORMATION, MATERIALS, PRODUCTS (INCLUDING KITTENS), AND SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICE ARE PROVIDED ON AN AS IS, WHERE IS, AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

16.2 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT TO THE LIMITED EXTENT OF ANY EXPRESS WRITTEN HEALTH GUARANTEE OR WARRANTY PROVIDED BY THE COMPANY FOR A SPECIFIC KITTEN OR AS REQUIRED BY NONWAIVABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT;
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND
ANY WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY OTHER SYSTEMS OR SERVICES, OR BE UNINTERRUPTED, TIMELY, SECURE, ERRORFREE, OR FREE OF HARMFUL COMPONENTS.

16.3 THE COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY KITTEN INFORMATION OR VETERINARY-RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, SERVICE, AND ALL CONTENT, PRODUCTS, AND SERVICES OBTAINED THEREFROM IS AT YOUR SOLE RISK.

16.4 Some jurisdictions do not allow the exclusion of certain warranties or limitations on the duration of implied warranties. To the extent that such laws apply and cannot be waived, some or all of the foregoing disclaimers may not apply to you, and you may have additional rights. In such cases, the Company’s liability shall be limited to the smallest amount permitted by applicable law.

17. Limitation of Liability; Assumption of Risk

17.1 To the fullest extent permitted by applicable law, in no event shall the Company or its members, managers, officers, employees, agents, affiliates, licensors, or service providers (collectively, the Company Parties) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages of any kind, including without limitation damages for:

loss of profits, revenue, or anticipated savings;
loss of data or business interruption;
loss of goodwill, reputation, or enjoyment;
veterinary bills, medical bills, or treatment costs for the Kitten or for other animals;
fines or penalties;
property damage;
emotional distress or loss of companionship; or
any other intangible losses,

arising out of or in connection with:

your access to or use of, or inability to access or use, the Site or Service;
any content on the Site or Service, including Kitten Information and User Content;
any purchase, sale, shipment, boarding, or other transaction involving Kittens or any other products or services obtained from or through the Company;
any injury, illness, or death of the Kitten or any other animal, whether occurring during shipment, after transfer, or at any time thereafter, except as expressly covered under a written health guarantee;
any change in appearance, temperament, or behavior of a Kitten after transfer;
any interaction or relationship between you and any third party, including carriers, veterinarians, insurers, or other service providers;
any unauthorized access to or use of your account, information, or data; or
any other matter relating to the Site, Service, Offerings, or this Agreement,

whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if the Company Parties have been advised of the possibility of such damages or if such damages were foreseeable.

17.2 Without limiting the foregoing, and to the fullest extent permitted by applicable law, the total aggregate liability of the Company Parties for any and all claims arising out of or in connection with this Agreement, the Site, the Service, any Purchase Agreement, or any transaction or interaction with the Company, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed, in the aggregate, the greater of:

the amount actually paid by you to the Company for the specific Kitten or product giving rise to the claim; or
one hundred United States dollars (USD 100).

17.3 The limitations and exclusions of liability in this Section 17 are fundamental elements of the basis of the bargain between you and the Company. You acknowledge that the Company has relied upon these limitations in providing the Site and Service and in pricing Kittens and other Offerings, and that absent such limitations, the Company would not enter into this Agreement or offer its Kittens on the same terms.

17.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. To the extent that such laws apply and cannot be waived, some or all of the foregoing limitations may not apply to you, and you may have additional rights. In such cases, the Company’s liability shall be limited to the smallest amount permitted by applicable law.

17.5 You expressly assume all risks associated with:

the ownership, care, handling, transportation, and use of any Kitten or other animal obtained from the Company;
any interaction between the Kitten and other animals, persons (including children), or property; and
any decisions you make based on information obtained from the Company or the Site.

18. Indemnification

18.1 You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees and court costs) arising out of or relating to:

your access to or use of the Site or Service;
your purchase, ownership, care, handling, breeding, transportation, or use of any Kitten or other product obtained from or through the Company;
any illness, injury, or damage caused by your Kitten or any other animal under your care to persons, animals, or property;
your User Content or any other content or information you provide to the Company;
your violation or alleged violation of this Agreement, the Purchase Agreement, the Refund and Cancellation Policy, or any applicable law, regulation, or rule;
your infringement, misappropriation, or violation of any intellectual property, proprietary, privacy, publicity, or other rights of any third party; or
any claim or dispute between you and any third party, including without limitation carriers, veterinarians, Financing Providers, or other service providers.

18.2 The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with the Company in asserting any available defenses and in providing all information reasonably requested.

19. User Content; Intellectual Property; Prohibited Conduct

19.1 The Site may permit you and other users to submit, post, upload, display, transmit, or otherwise make available content, materials, information, or communications, including without limitation reviews, testimonials, comments, photographs, and videos (collectively, User Content). You are solely responsible for your User Content and for the consequences of posting or transmitting it.

19.2 By submitting or making available any User Content, you represent and warrant that:

you are the sole and exclusive owner of the User Content or otherwise have all rights, licenses, consents, and releases necessary to grant the rights set forth in this Agreement;
the User Content is accurate and not misleading;
the User Content does not and will not infringe, misappropriate, or violate any intellectual property rights, proprietary rights, privacy rights, rights of publicity, or other rights of any third party;
the User Content does not and will not violate any applicable law, regulation, or rule;
the User Content is not defamatory, libelous, obscene, abusive, harassing, hateful, threatening, or otherwise objectionable; and
the User Content does not contain any viruses, worms, malware, or other harmful code.

19.3 You hereby grant to the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, nonexclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in whole or in part, in any media now known or later developed, for any purpose, including without limitation for marketing, advertising, promotional, and operational purposes, without any obligation of attribution or compensation to you.

19.4 The Company is not obligated to publish or maintain any User Content and may, in its sole discretion and without notice, remove, edit, or disable access to any User Content that the Company determines, in its sole judgment, violates this Agreement or is otherwise objectionable.

19.5 All content and materials on or made available through the Site and Service, including but not limited to text, graphics, logos, icons, images (including images of Kittens), audio clips, video clips, software, data compilations, and the compilation and arrangement thereof (collectively, Company Content), and all trademarks, service marks, trade names, logos, and trade dress displayed on or in connection with the Site or Service (collectively, Company Marks), are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property and proprietary rights laws. You may not use any Company Marks without the prior written authorization of the Company.

19.6 You agree not to:

1. post, upload, or transmit any unlawful, harmful, or offensive content;
2. promote or depict cruelty to animals or harm to any animal;
3. use the Site or Service to send spam, junk mail, or unsolicited communications;
4. interfere with or attempt to interfere with the proper functioning of the Site or Service; or
5. circumvent or attempt to circumvent any security or authentication measures implemented by or for the Company.

20. Third-party Services

20.1 The Site and Service may contain links or references to third-party websites, services, resources, or content that are not owned or controlled by the Company (collectively, Third-party Services). Such links are provided solely as a convenience, and the Company does not endorse or assume any responsibility for any Third-party Services.

20.2 If you access any Third-party Services, you do so at your own risk and are subject to the terms, conditions, and policies applicable to those Third-party Services. The Company is not responsible or liable for, and makes no representations or warranties regarding, any Third-party Services or any content, products, or services available thereon.

20.3 You agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any Third-party Services.

21. Termination; Suspension

21.1 The Company may, in its sole discretion and without prior notice, terminate or suspend your access to and use of the Site or Service, in whole or in part, including without limitation your account or any order, for any reason or no reason, including without limitation:

your actual or suspected violation of this Agreement or any applicable law;
conduct that the Company believes is harmful to other users, the Company, animals, or third parties;
technical or security issues or problems; or
discontinuation or material modification of the Site or Service.

21.2 Upon any termination of this Agreement or your access to the Site or Service, your right to use the Site and Service will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including without limitation provisions relating to ownership, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

21.3 The Company shall not be liable to you or any third party for any termination or suspension of your access to the Site or Service, or for any deletion or loss of any content or information in connection therewith.

22. Governing Law; Forum Selection; Waiver of Jury Trial

22.1 This Agreement, and all matters arising out of or relating to this Agreement, the Site, the Service, any Purchase Agreement, or any transaction or relationship between you and the Company, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would result in the application of the laws of any jurisdiction other than the State of Florida.

22.2 Any action, suit, or proceeding arising out of or relating to this Agreement, the Site, the Service, any Purchase Agreement, or any transaction or relationship between you and the Company shall be brought exclusively in a state court of competent jurisdiction located in Broward County, Florida, or in the United States District Court having jurisdiction over Broward County, Florida (to the extent such federal court has subject matter jurisdiction). Each party irrevocably:

submits to the personal jurisdiction of such courts;
waives any objection to venue in such courts, including any objection based on forum non conveniens or that such courts are an inconvenient forum; and
waives any objection to the laying of venue of any such action, suit, or proceeding in such courts.

22.3 To the fullest extent permitted by law, each party hereby knowingly, voluntarily, and irrevocably waives any and all rights it may have to a trial by jury in any legal proceeding arising out of or relating to this Agreement, the Site, the Service, any Purchase Agreement, or any transaction or relationship between you and the Company. This waiver is a material inducement for the parties to enter into this Agreement.

23. Miscellaneous

23.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law, consistent with the parties original intent, and if such modification is not possible, such provision shall be severed from this Agreement.

23.2 No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by an authorized representative of the Company.

23.3 You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of the Company, and any attempt to do so without such consent shall be null and void. The Company may assign, transfer, delegate, or sublicense any or all of its rights and obligations under this Agreement, in whole or in part, without restriction and without notice to you, including without limitation to any affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or business.

23.4 Nothing contained in this Agreement shall be deemed or construed to create any partnership, joint venture, agency, fiduciary, employment, or other similar relationship between you and the Company. You and the Company are independent contracting parties, and you shall not have any authority to bind the Company in any respect.

23.5 This Agreement, together with any Additional Terms expressly incorporated by reference (including, without limitation, the Privacy Policy, Refund and Cancellation Policy, and any applicable Purchase Agreement or written health guarantees), constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

23.6 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. Whenever the context requires, words in the singular shall be construed to include the plural and vice versa, and the words include, includes, and including shall be deemed to be followed by the phrase without limitation.

23.7 Unless otherwise specified in this Agreement, any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed duly given when delivered personally, when sent by a nationally recognized overnight courier service with confirmation of delivery, when sent by certified or registered mail (return receipt requested, postage prepaid), or when sent by email to the email address you provided to the Company (for notices to you) or to the email address or mailing address provided by the Company for such purpose (for notices to the Company), in each case with confirmation of transmission or delivery as applicable.

23.8 By accessing or using the Site or Service, or by placing an order for any Kitten or other product through the Site or with the Company, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Last modified on March 19, 2026

Happy Paws LLC
https://www.happypawsus.com/