By signing up for one messaging program, you expressly consent to receive marketing or non-marketing text messages and emails, as applicable, from Pawgress (“Pawgress” or “We” or “Us”) and others texting on its behalf, at the telephone number(s) that you provide. You expressly consent to receive commercial emails, including those sent via automated means, to the email address you provide. You may opt-out of these communications at any time. Consent to receive text messages and emails is not a condition of any purchase.
Pawgress text messages and emails are intended to provide you with marketing and promotional information regarding Pawgress products, including automated promotional and personalized marketing texts. We may also provide you with transaction-related information and sometimes educational information regarding pet health, supplement usage, or general pet wellness tips.
The number of Pawgress text messages and emails that you receive will vary. Pawgress reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Pawgress also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Message and data rates may apply to each text message sent or received in connection with Pawgress text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Pawgress does not impose a separate fee for sending Pawgress text messages and emails; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
To stop receiving text messages from Pawgress, text STOP to the number (whether short code or 5-digit long code or 10-digit long code) from you received the message from which you no longer wish to receive messages. To opt out of email communications, you may click the ‘unsubscribe’ link provided at the bottom of any marketing email or contact Pawgress Customer Care at support@pawgressnutrition.com. You acknowledge that you may then receive one (1) final text message or email from Pawgress confirming your opt-out of that text messaging or email program. Following such a confirmation message, no additional text messages and emails will be sent to you unless you re-activate your subscription.
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Pawgress immediately if you change your mobile telephone number. You may notify Pawgress of a number change by contacting Pawgress Customer Care at support@pawgressnutrition.com or (302) 206-8232. You agree to indemnify Pawgress in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Pawgress if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Pawgress's control, and Pawgress is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages). Delivery of emails may also be affected by filters, email service provider policies, or other issues beyond Pawgress’s control. We are not responsible for emails that are blocked or redirected to spam folders.
Supported carriers may change from time to time. Currently, our messaging services are provided via a local U.S. number. This number is generally reachable by standard landline and mobile carriers operating within the United States. However, due to factors such as carrier-specific routing decisions, interconnection agreements, and technical or regulatory considerations, there may be rare instances in which some smaller or less common carriers do not fully support message delivery to or from this number. Pawgress, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
To request more information, text HELP to the five-digit or ten-digit short code for the text messaging program about which you have questions (i.e., the ten-digit number from which its text messages are being sent).
You may also receive help by contacting Pawgress Customer Care at support@pawgressnutrition.com or (302) 206-8232. We reserve the right to modify or change our contact phone number with prior notice.
To receive Pawgress text messages and emails, you must be a resident of the United States and 18 years of age or older to participate in a messaging program. Pawgress reserves the right to require you to prove that you are at least 18 years of age.
Pawgress may revise, modify, or amend these Pawgress Messaging Terms and Conditions at any time.Any such revision, modification, or amendment shall take effect when it is posted to Pawgress's website (www.pawgressnutrition.com). You agree to review these Pawgress Messaging Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Pawgress text messages and emails will indicate your acceptance of those changes.
We may suspend or terminate your receipt of Pawgress text messages and emails if we believe you are in breach of these Pawgress Messaging Terms and Conditions. Your receipt of Pawgress text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Pawgress reserves the right to modify or discontinue, temporarily or permanently, all or any part of Pawgress text messages and emails, with or without notice.
Your privacy is important to us. Our Privacy Policy outlines how we collect, use, and protect your email address and other personal information. Please review our Privacy Statement and agree to our Terms of Use below.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute or claim relating in any way to your receipt or use of Pawgress text messages and emails will be resolved by binding arbitration, rather than court. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Pawgress or Pawgress's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Pawgress may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Pawgress hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, etseq. ("FAA'') applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.
Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect (the "AAA Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Pawgress Messaging Terms and Conditions and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA Rules. The arbitration decision and award is final and binding, with limited exceptions under the Federal Arbitration Act (FAA), and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration, and arbitration procedures are simpler and more limited than the rules applicable in court. 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 Pawgress.
YOU AGREE THAT, BY ENTERING THIS AGREEMENT, YOU AND PAWGRESS ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND PAWGRESS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held either (a) in the United States county where you live or work, or (b) Delaware, or (c) any other location we mutually agree to, subject to Delaware law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Pawgress at Pawgress Customer support@pawgressnutrition.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Pawgress Messaging Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Pawgress Messaging Terms and Conditions.
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages(such as lost profits or lost business opportunities), punitive damages or attorney's fees.
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Delaware.
If any term of these Pawgress Messaging Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
This message program is a service of Deep Purple LLC, doing business as Pawgress, located at 2125 Center Avenue, Suite 405 Fort Lee, New Jersey 07024 US.