Terms of service

Effective Date: September 25, 2024

These Terms of Use (these "Terms") apply to all contents and information available within our website available at https://feedartie.com/ as well as any other online applications and services that are operated and controlled by us from which you are accessing these Terms (collectively, the "Site"), as well as your purchase of any Artie products, programs and services, including our pet food or small kitchen appliances, the Artie Meal Plan and any other pet food home delivery products or related services that we may offer or provide through the Site (collectively, the "Service"). These Terms are a binding legal agreement between each user of the Site ("you") and Full Life Wellness, LLC d/b/a Artie, its subsidiaries and affiliates (collectively, "Artie," "we," "us" and "our"). Certain items or tangible parts of the Service purchased on or through the Site (a "Product" or "Products") may be subject to additional terms and conditions incorporated herein. Please review these Terms carefully to understand which terms, requirements and conditions apply to your interactions with Artie, including Artie Products and/or the Site. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND ARTIE MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST ARTIE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH ARTIE. PLEASE REVIEW THESE TERMS CAREFULLY. YOU MAY NOT ACCESS OR USE THE SITE OR ENTER INTO THESE TERMS UNLESS YOU ARE AT LEAST 18 YEARS OLD. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THE TERMS AND YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

1. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time at our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

2. Privacy

Please review our Privacy Policy ("Privacy Policy"), incorporated herein by reference, which also applies to your use of the Site.

3. Intellectual Property

The Service and the Site, including the information, files, documents, text, photographs, images, audio, and video which it contains, the selection, assembly and arrangement thereof, and any material made available for download on the Site (collectively, the "Content"), are the property of us or our licensors, as applicable. The Site and Content, as well as certain parts of the Service (e.g., our Products) are protected by United States and international copyright, trademark and patent laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

4. License

Artie grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed, or otherwise exploited for any commercial purpose without the express prior written consent of Artie.

5. Links to External Websites and Online Services

Certain Content, products and services made available on or through our Site may include materials from third parties. For example, our Site may contain links to third-party websites, including, but not limited to, third-party social media platforms (e.g., Instagram, TikTok, and Facebook). Any access to and use of such third-party websites and online services is not governed by this Privacy Policy but is instead governed by the privacy policies of those third-party websites and online services. Artie is not responsible for the content or information practices of such third-party websites and online services.

6. User Accounts

Generally, you may access and/or use the Site without registering for an account with Artie ("Account"). However, you may be required to register for an Account to enjoy the full benefit of certain Products, Services, and Content made available through the Site, such as to purchase Auto-Renewing Subscription products or services on the Site. To register an Account with us, you must provide us with certain information about yourself to allow us to process your registration request.

You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Artie has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Artie has the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof).

You are the sole authorized user of any Account you create through the Site and are solely and fully responsible for all activities that occur under your Account. You may not share your username or password to your Account with anyone. You may not authorize others to use your Account holder status, and you may not assign or otherwise transfer your Account to any other person or entity. If you have reason to believe that your Account is no longer secure or if you suspect any other actual or potential breach of security, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Artie will not be liable for losses, damages, liability, expenses, and fees incurred by Artie or a third party arising from someone else using your Account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

7. Purchases

7.1 Orders and Shipments. All Products (e.g., Artie Meal Plans) offered for purchase on the Site, including any part of the Service offered in connection with those Products, are subject to availability. The prices stated for such Products are subject to change without notice. Any Artie publication concerning our Products, including information about product recipes, may include inaccuracies or typographical errors. Artie shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Artie may make improvements and/or changes in the Products described in these publications at any time without notice.

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. Artie reserves the right, without prior notification, to limit the order quantity on any Product and/or to refuse access to or use of the Service or Site to any user.

Artie may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Artie, payment must be received by Artie prior to acceptance of an order. Notwithstanding the foregoing, Artie may in our sole discretion choose not to charge your method of payment until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.

7.2 Deliveries. We engage third parties to help us deliver your orders of our Products, such as our shelf-stable pet food meals and related equipment (e.g., any Artie small kitchen appliance), within your scheduled delivery window. Artie does not own or control these third-party carriers and is not responsible for any damage or other issues relating to delivery, including delays, loss or theft, additional charges or any other actions or omissions undertaken by such third-party carriers. It is your responsibility to promptly inspect each Product delivery for any potential damage or other issues.

Please contact us by calling our toll-free telephone number at (855) 652-7843 or by emailing us at help@feedartie.com if you believe or suspect for any reason that the contents of your Artie purchase are damaged or if you do not receive your order during the scheduled delivery window.

7.3 Payments, Prices and Fees. You understand that Artie may change prices at any time, at our sole discretion and Artie reserves the right to change such prices at any time to correct errors or to comply with applicable laws.

You understand that products purchased by you and shipped to your designated location in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes ("Taxes"). The amount of Taxes is based on a number of factors, including, but not limited to, the amount of Product(s) purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for Products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the Products.

Payment will be processed by Artie's independent third-party payment processor, using the Payment Method (defined below) you designate or that is designated in your Account. If you would like to use a different Payment Method, please visit your Account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

Certain features of the Site, including placing orders, may require you to pay fees to Artie or our third-party vendors, including, but not limited to, service fees. Artie may change the fees at any time as we deem necessary or appropriate for our business and in accordance with these Terms. You acknowledge and accept that a fee will be charged and you agree to pay such a fee.

7.4 Appliances. Artie meals are prepared at-home through the purchase and use of an Artie small kitchen appliance ("Appliance") which is required with each subscription to an Artie Meal Plan. Please refer to the instructions for proper use and care of the Appliance available at feedartie.com/pages/quickstart/instructions. All Artie Appliances are covered by a 90-day return policy. Appliances may be returned within 90 days of purchase will be eligible for a refund covering the initial cost of purchase of the Appliance but not including the cost of return shipping. If you wish to return your Appliance, contact Artie Customer Support via email, chat or phone and request a return. Include the full purchaser's full name, address, phone number, reason for return, and any additional feedback you'd like to share. The information you voluntarily provide to us will be treated as Communications (defined hereinafter) and subject to these Terms and the Privacy Policy. The Appliance must be returned in the original and working condition to receive a refund of the purchase price. Any refund request beyond the 90-day window from the original purchase will not be honored. Artie does not cover the cost of the return shipping and the Appliance must be shipped before the 90-day window expires. An extension may be granted at Artie's sole discretion and must be approved in writing by the Artie representative handling the return. Returns shipped back beyond the 90-day window without an approved extension will not be eligible for a refund.

In the event of a malfunction, breakdown or interruption in full operation of an Appliance during your active Auto-Renewing Subscription period, Artie will, at its sole discretion, replace the Appliance with a similar product of similar function. Artie will not replace any Appliance that is not associated with an Account with a current and active Auto-Renewing Subscription at the time the purported issue arises or at the time Artie receives the replacement request. You agree to contact Artie Customer Service via email or phone immediately upon discovering any malfunction, breakdown, interruption of operation or other alleged defect, whether known or reasonably suspected, of your Appliance. You further agree to provide a full and complete description of the alleged failure and to comply with Artie's return shipping instructions. We will use reasonable efforts to promptly provide a replacement Appliance. Upon receipt and evaluation of returned Appliances, Artie reserves the right to limit replacement Appliances at our sole discretion. Artie may refuse to replace the Appliance at no cost if the Appliance has been altered, abused, modified, improperly installed, or subject to improper operating conditions including, but not limited to, water or other environmental damage.

7.5 Pet Food and Meal Plans. All Artie pet food Products (in the form of meals, treats, supplements, etc.) are formulated, produced, and expressly developed for pets, and are not created for human consumption. Each Artie meal provided for use with or without an Appliance is single-use only, for your personal use and not for resale. Individual portions and recipe recommendations are based on the accuracy of information you provide about your pet(s) through your Account. Please note we cannot account for any treats or other food that may be provided to your pet(s), with or without your knowledge. Artie assumes no risk or liability for any and all adverse reactions your pet(s) may experience in connection with our Products or any part of the Service or the Site.

It is expressly your sole responsibility to verify the suitability of all pet food products and meal plans, to make any needed or recommended adjustments to your pet's plan portions, recipes or meals, as well as to keep your and each of your pet's information up to date in your Account. Please consult your veterinarian to determine if our Products, ingredients and portion sizes are suitable for your pet(s). You are solely responsible for inspecting the Product(s) you receive and for safe and proper storage, preparation, handling and feeding for your pet(s). You are also solely responsible for identifying any and all food allergies that your pet(s) may have. You acknowledge that our Products may be prepared, packaged and stored in facilities that may handle foods with known allergens (including, but not limited to peanuts, tree nuts, shellfish, milk, wheat, egg, soy, fish and sesame). Although we use reasonable efforts to accurately display Product ingredients, descriptions and nutritional information, we cannot guarantee that inadvertent cross-contact will not occur or that the information we provide is completely accurate. You agree, acknowledge and understand that the use and consumption of all Products and any part of the Service, including reliance on any Content on the Site, is entirely at your own risk. In the event you are unhappy with your Artie pet food Products, please reach out to us at help@feedartie.com or call us at (855) 652-7843. We may, at our sole discretion, provide you credit, and in some situations, provide partial or full refund for the unsatisfactory items. However, we reserve the right to require return of the items, or a photograph of said Product, before any partial or full refund or credit will be processed.

8. Automatic Renewals

When you purchase a subscription to our Product(s), such as an Artie Meal Plan ("Auto-Renewing Subscription"), you are signing up for continuous orders of those Product(s). If your purchase is subject to an automatic renewal, you will be notified by email during the initial order process that your subscription has been created. Auto-Renewing Subscriptions will continue and automatically renew and your chosen Payment Method (as defined below) will be charged in the amount of the subscription renewal fee then in effect at the beginning of each renewal term, depending on your chosen subscription schedule, until you cancel, pause, or modify your Auto-Renewing Subscription or your Account is otherwise suspended pursuant to these Terms.

8.1 Purchasing an Auto-Renewing Subscription Order. To place and maintain an Auto-Renewing Subscription order, you provide us with one or more valid payment methods, such as your credit or debit card information and billing information (collectively, "Payment Method"). You acknowledge that the subscription fee billed may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Artie changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

When you purchase an Auto-Renewing Subscription, your first order will be processed immediately, and your selected Payment Method will be charged at that time.

Your Auto-Renewing Subscription will continue until you cancel or until the subscription contract is otherwise terminated pursuant to these Terms. For example, if you purchase any Artie 30-Day Meal Plan or 15-Day Intro Box, we will immediately process your initial order, and your selected Payment Method will be charged at that time. A new order for your pet's personalized 30-day Auto-Renewing Subscription Product will be automatically created upon the expiration of the initial thirty-day (30-day) or fifteen-day (15-day) period and each renewal term, and your Payment Method will be charged at the time each new order is placed. At least seventy-two (72) hours prior to the end of your chosen Auto-Renewing Subscription's initial term (i.e., before your subscription renews and before your Payment Method is charged for that renewal term), we will send you a renewal reminder notice via the email associated with the subscribed Account.

8.2 Changes and Cancellation. You may modify, pause or cancel an existing Auto-Renewing Subscription at any time through your Account settings. To modify, pause or cancel your subscription, please click here to be directed to your Account page subscription details. To avoid billing of the payments and fees associated with your then-existing Auto-Renewing Subscription for the next billing period to your Payment Method, you must cancel or pause your Auto-Renewing Subscription, including any subscription offer that included a free gift, discount or trial period as part of a promotion, at least seventy-two (72) hours before the next renewal term begins. Any modifications must also be submitted at least seventy-two hours before the next renewal term begins to be applied to that next renewal term. If not, you may be subject to a $50 restocking fee.

Once canceled, the Auto-Renewing Subscription will be removed from your Account. If you cancel your Auto-Renewing Subscription, cancellation will be effective at the end of the current automatic renewal period, based on the term of your chosen subscription. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

You may also pause an existing Auto-Renewing Subscription for a designated timeframe so that no renewal orders will be placed, processed or charged to your Account during that time period until that period expires, at which time your Auto-Renewing Subscription will resume in accordance with the terms and conditions applicable at that time. You may also request to modify, adjust or otherwise customize your Auto-Renewing Subscription Product(s) (e.g., to change recipes or to adjust meal plan calories based on updates to your pet's profile). If you change or pause your Auto-Renewing Subscription, in part or in whole, you will continue to receive the benefits of your subscription benefits until the expiration of the then-existing Auto-Renewing Subscription term for which you have paid.

Please note that cancellation of your Auto-Renewing Subscription(s) will not automatically function as a request to unsubscribe from Artie communications. Therefore, regardless of the status of any Auto-Renewing Subscription(s) associated with your Account, you may continue to receive communications (e.g., marketing newsletters that you previously requested or otherwise opted into) from us until you unsubscribe or opt out of receiving those communications.

8.3 Delivery. If you do not pause or cancel your Auto-Renewing Subscription, you can typically expect your Product(s) to arrive at your designated shipping address within five (5) to eight (8) days after the renewal date. We use third-party couriers (e.g., FedEx) to deliver our Products, including our Auto-Renewing Subscriptions. Therefore, we cannot guarantee that orders will arrive within the scheduled or anticipated delivery timeframes.

9. Site Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an Account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation;
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site; or
Otherwise attempt to interfere with the proper working of the Site.

10. User Submissions and Electronic Communications

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or submit to this Site including any ideas, comments or media (e.g., photographs and videos), suggestions, feedback or reviews, data or the like (collectively, "Communication") will be considered non-confidential and non-proprietary. Artie will have no obligations with respect to the Communication. Furthermore, you hereby assign to Artie all intellectual property rights, and waive any moral, publicity or similar rights you have in any Communication. By submitting the Communication to Artie, such as by providing your email, you agree Artie is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Artie and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communication and all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes.

When you contact us directly through an electronic Communication, including by email, text message or other online method directed to an account associated with Artie, you consent to receive a message or response from us electronically in the same/similar manner and as reasonably requested, including by email, text and mobile push notification. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10.1 SMS Disclosure.

By enrolling in or using our SMS service, you agree to these SMS Terms. We may change or discontinue the service or its features at any time without notice. Continued use after any change to these SMS Terms means you accept them.

By opting in, you agree to receive recurring SMS/text messages from or on behalf of The Full Life Wellness, LLC d/b/a Artie at the number you provided. Messages may be sent using an automatic dialing system or other automated technology and are powered by Recharge, Inc. Messages may include transactional (e.g., order updates, account alerts) and promotional content (e.g., special offers, product launches, cart reminders).

Your consent is not required to make a purchase. Participation is voluntary. Message frequency may vary. Standard message and data rates may apply; check with your carrier for details. To opt out, reply "STOP" to any message. For help, contact us at info@feedartie.com.

The Full Life Wellness, LLC d/b/a Artie is not responsible for delayed or undelivered messages. Carriers are not liable for message delays or failures. If your mobile number changes, you must re-enroll to continue receiving messages. If your number is on a Do Not Call registry, your consent still allows us to message you, as permitted by law. For details on how we collect, use, and protect your data, see our Privacy Policy.

11. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Artie a "Notification of Claimed Infringement" to Copyright Agent, Full Life Wellness LLC, 301 E Bethany Home Rd, Suite C-295B, Phoenix, AZ 85012 requesting that the material be removed, or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Artie to locate the material on the Site;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Artie a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.

12. Additional Terms for California Residents

User Complaints. Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

General Waiver under Section 1542 of the California Civil Code. You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by them to exist. Nonetheless, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

13. Disclaimer and Limitation of Liability

13.1 GENERAL DISCLAIMER. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR SERVICE, IN WHOLE OR IN PART, WILL BE CORRECTED. THE SITE AND THE SERVICE, INCLUDING THE PRODUCTS, ARE PROVIDED BY ARTIE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR PROVIDED THROUGH THE SITE, INCLUDING ANY PART OF THE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ARTIE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED PRODUCTS OR SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.

13.2 PRODUCTS AND SERVICES. WE USE REASONABLE EFFORTS TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS, SERVICES AND CONTENT THAT APPEAR ON THE SITE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THE SITE IS VOID WHERE PROHIBITED. YOU ACKNOWLEDGE AND ACCEPT THAT THE PRODUCTS AND SERVICES, INCLUDING ANY ARTIE MEAL PLAN, AND THE CONTENT SHARED ON THE SITE OR OTHERWISE PROVIDED TO YOU BY OR THROUGH ARTIE OR ANY OF ITS REPRESENTATIVES ARE GENERAL IN NATURE AND NOT INTENDED AS PROFESSIONAL MEDICAL OR VETERINARY ADVICE. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR, YOUR VETERINARIAN'S OR ANY OTHER PERSON'S EXPECTATIONS.

13.3 LIMITATION OF LIABILITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. ARTIE IS NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS OR INABILITY TO ACCESS, USE OF OR RELIANCE ON THE PRODUCTS, THE SERVICE, THE SITE OR ITS CONTENT OR ANY OTHER INTERACTION WITH ARTIE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any Claims arising in connection with your use of the Site or any Products purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

14. Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site or Service. Such termination will not affect either party's rights or obligations, which accrued before the termination.

15. Mandatory Arbitration Agreement

15.1 Arbitration. Any dispute, controversy, or claim (collectively, any "Claim") between us arising out of or relating in any way to these Terms, the Privacy Policy, and/or any of Artie's Products or any part of the Service, the Site, Content or software will be resolved by binding arbitration, rather than in court, except that you or we (1) may assert Claims in small claims court if your or our Claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

At least 30 days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to 301 E Bethany Home Rd, Suite C-295B, Phoenix, AZ 85012 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA's rules are available at adr.org. Payment of administration and arbitrator fees will be governed by the AAA's rules, except the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Artie may seek its attorney's fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. This arbitration agreement will survive termination of the agreement.

15.2 Class Action Waiver. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.

15.3 Enforceability. If this Arbitration Agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any claim in court arising out of or related to the Agreement.

15.4 Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

16. Miscellaneous

These Terms shall be governed by the laws of Arizona, and you agree to submit to the exclusive jurisdiction of the courts of Maricopa County, Arizona in respect of any disputes arising under or in connection with these Terms.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related products or services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your Account and any contents generated by you on the Site, block your access to the Site, and/or block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.