Terms of Service

When you use Gentle Wuff, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You agree that Gentle Wuff may from time to time send text messages or phone calls to you at the telephone number listed on your account and that this could result in charges to you, which you will be solely financially responsible for. You agree that these text or phone messages can be by prerecorded or artificial voice messages and/or through the use of an automatic dialing system. Additionally, you agree that Gentle Wuff can send e-mail messages to you at the e-mail address you provide on your account, and that Gentle Wuff may use other electronic means of communication to the extent permitted by law. Your consent can be revoked at any time by contacting Gentle Wuff at help@gentlewuff.com.

All content included in or made available through Gentle Wuff, such as, but not limited to: text, graphics, logos, designs, icons, images, illustrations, photographs, audio clips, digital downloads, software, and the copyrights, trademarks, service marks, trade dress and other intellectual property rights is the property of Gentle Wuff and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of Gentle Wuff and protected by U.S. and international copyright laws. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these terms.

Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Gentle Wuff on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Gentle Wuff, you grant Gentle Wuff a worldwide, perpetual, irrevocable, transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments.

In order to access certain content, material, products or service on the Site, you may be asked to register and create an account. You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Gentle Wuff does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Gentle Wuff reserves the right to refuse service, terminate accounts, terminate your rights to use Gentle Wuff, remove or edit content, or cancel orders in its sole discretion.

Some products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is eighteen (18) years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy and register or place an order on your behalf. Gentle Wuff may use a third-party payment processor to process credit card transactions made available through the Site.

You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase of any products or services made available through the Site, including sales, use, and excise tax (excluding taxes on Gentle Wuff’s net income). To the extent that Gentle Wuff is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you either on the Site or delivered to you with your purchased goods. Refunds will be processed in accordance with that policy and applicable law.

Gentle Wuff and its authorized retailers do not currently offer any rentals of any Gentle Wuff products, therefore we cannot guarantee the quality or safety of any Gentle Wuff product rental. Any attempts to rent out our products will immediately void any and all warranties provided by Gentle Wuff. You are strictly prohibited from advertising, promoting, or facilitating the rental of our products in any form. This includes, but is not limited to, online advertisements, social media posts, or any other form of public or private communication. By purchasing our products, you agree to comply with these terms and conditions and acknowledge that any breach of this clause will result in immediate voidance of your warranty and potential legal consequences.

The Site is solely directed to individuals residing in the United States. We make no representation that anything available on or through the Site is appropriate or available for use in other locations and do not ship to locations outside of the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Gentle Wuff DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Gentle Wuff CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Gentle Wuff DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gentle Wuff DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Gentle Wuff FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Additional terms and conditions, including warranty information on products, may apply to purchases of goods or services, which fall outside of the scope of these Terms of Use.

Gentle Wuff reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree to indemnify, defend and hold Company, our affiliates, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses, made against Gentle Wuff by any third party due to or arising out of or in connection with your use of the Site.

Arbitration and Class Action Waivers

Any dispute or claim relating in any way to your use of the Site (each a “Dispute”) will be resolved by binding individual arbitration, rather than in court, except that you may assert Disputes in small claims court if your Dispute qualifies. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute to Gentle Wuff - LEGAL NOTICE at 4845 W. Nevso Dr., Las Vegas, NV 89103. All Disputes will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and as then in effect and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us at the below address.

WE EACH AGREE THAT ALL DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Gentle Wuff.

This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the Company shall add as part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible to be valid or enforceable.

This Agreement constitutes the entire agreement by and between you and the Company pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understanding of you and the Company. The Terms may not be amended, nor any obligation waived. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.

4845 W. Nevso Dr. Las Vegas, NV 89103. Return address: 2001 Commerce Pkwy, Franklin, IN 46131.

Gentle Wuff (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from or email us at help@gentlewuff.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Disclaimer of Warranty

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

Participant Requirements

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

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.

Prohibited Content

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

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by HIPAA or the HITECH Act; and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Las Vegas, Nevada before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to make changes to this Agreement from time to time. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.