THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM FUR-EVER WILL, LLC. (“FUR-EVER WILL”). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.

THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU WISH TO OPT OUT OF THESE PROVISIONS, PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION SECTION BELOW.

Definitions:

     “Product” means any item or service offered for sale or licensing on the Website or Fur-Ever Will’s direct sales materials (ads, catalogs, specifications sheets, etc.), including but not limited to software, digital documents, and all associated documentation.

     “Website” means the Fur-Ever Will website located at www.fureverwill.com

Entire Agreement:

     The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

Orders/Acceptance by Fur-Ever Will, LLC/Acceptance of This Agreement by You:

     All orders of Products placed by you with Fur-Ever Will, LLC are non-cancelable and shall be subject to acceptance by Fur-Ever Will, LLC. Fur-Ever Will, LLC reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.

Limited Warranties:

     With respect to Fur-Ever Will, LLC branded Products, Fur-Ever Will, LLC makes no warranties of these Products. FUR-EVER WILL, LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.

Software License Terms:

     All software (“Software”) is provided subject to such Software’s end user license agreement. You agree that you will be bound to such agreement.

Payment Terms; Price Confirmation/Billing Errors:

     Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product ordering.

     At the time you place your order, Fur-Ever Will, LLC will authorize your card for the total purchase amount plus applicable taxes and shipping charges.

     Fur-Ever Will, LLC's payment Processor, Stripe, accepts MasterCard, Visa, American Express, JCB, and Discover. Fur-Ever Will, LLC does not accept cash, COD, purchase orders, cryptocurrency, or personal checks. Fur-Ever Will, LLC payment terms are subject to change without notice at Fur-Ever Will, LLC’s sole discretion.

     For backorders and pre-orders, your credit card will have a pre-authorization hold placed on the credit card at the time your order is submitted. If the pre-authorization hold has expired when the Product is available for shipment, your credit card will have a re-authorization prior to shipment and payment capture will occur when your order is ready to be shipped. If the re-authorization fails, your order will be cancelled, and an email will be sent to you indicating the credit card re-authorization failure so you can follow up with your bank and re-order when you are ready.

     For orders from the Website, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the Website or direct sales materials are incorrect, then the following applies: If a Product’s correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Products:

     Fur-Ever Will, LLC continually updates and revises Products. Fur-Ever Will, LLC may revise and/or discontinue Products at any time, in its sole discretion. Changes in Products shipped and Products described on this Websites and/or direct sales materials are possible.

Coupons & Promotional Codes:

      Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupon codes must be provided at time of redemption through the Website. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. Coupon/promotional code programs may be terminated or modified by Fur-Ever Will, LLC at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.

Delivery

     Delivery of digital products from the Website are via a download link or email (if specified). To preserve the privacy of your information , the Products are created "as needed" and may require a short wait while the Product is created. Emailing of Products to yourself or a third-party you specify are created immediately and sent to the email you have provided. Fur-Ever Will, LLC is not responsible for incorrect email addresses or delivery to a wrongly entered email address.

Return Policy:

     Fur-Ever Will, LLC does not accept any returns of physical or digital products. All products on the Website or Website services are FINAL. No exceptions will be made.

Text Messages:

     If you agree to text Fur-Ever Will, LLC, you electronically agree to accept and receive communications from Fur-Ever Will, LLC, or third parties providing services on Fur-Ever Will, LLC’s behalf including via email, text message, calls, and push notifications to the cellular telephone number you provided to Fur-Ever Will, LLC. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Fur-Ever Will, LLC, including but not limited to communications concerning orders placed through your account on the Website or through Fur-Ever Will, LLC's services.

     Message and data rates may apply. Check with your mobile carrier to confirm your text messaging rates. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your Fur-Ever Will, LLC account. To opt out of receiving promotional text messages from Fur-Ever Will, LLC, you must reply “STOP” from the mobile device receiving the messages.

Limitation of Liability:

     BOTH YOUR AND FUR-EVER WILL, LLC’S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR FUR-EVER WILL, LLC BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCTS, GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR FUR-EVER WILL, LLC SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Links to Third-Party Websites:

     The Website may contain links to third party websites (“Third-Party Websites”), which are available for your convenience and are intended only to enable access to such Third-Party Websites and are not for recommendation or endorsement. Fur-Ever Will, LLC does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. Please review the terms and conditions that apply to your use of Third-Party Websites.

Export:

     Certain Software or other materials that you may obtain through the Website may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.

Taxes:

     Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.

Resale:

     You certify and agree that you are purchasing Product(s) for your own personal use only and not for resale. You shall not resell Products or remove components from Product for resale.

Title:

     Title to Product(s) other than software passes from Fur-Ever Will, LLC to you upon delivery from the Website. Title to software shall remain with the applicable licensor(s).

Dispute Resolution (Including Binding Arbitration):

     “Dispute” is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any Fur-Ever Will related to or arising out of the sale of the Product by Fur-Ever Will, your purchase and/or use of the Product, or the terms of this Agreement. Dispute is to be given the broadest possible meaning that will be enforced.

     You and Fur-Ever Will agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, you have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $1,000, and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied.

     Arbitration Instructions. To begin Arbitration, either you or Fur-Ever Will must make a written demand to the other for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of AAA’s Rules by contacting AAA at 1-800-778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between you and Fur-Ever Will, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point Fur-Ever Will will cover all additional administrative fees and expenses. This does not prohibit the Arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless you and Fur-Ever Will agree differently, the arbitration will take place in the county and state where you live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. If you purchase the Product in the United States, but subsequently live outside of the United States, arbitration will take place in the county in which you purchased the Product. The Arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by that party’s individual claim, and any court with jurisdiction over the parties may enforce the arbitrator’s decision.

     Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) you must notify Fur-Ever Will in writing within 30 days of the date that you purchased the Product; (2) your written notification must be mailed to Fur-Ever Will, LLC, Buffalo, NY 14072, Attn: Legal Department; AND (3) your written notification must include (a) your NAME, (b) your ADDRESS, (c) the DATE you purchased the Product, and (d) a clear statement that “YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY FUR-EVER WILL ENTITY THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER.”

Headings:

     The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Critical Components:

     The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Force Majeure:

     Fur-Ever Will, LLC shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, pandemics, epidemics, outbreaks, embargoes, strikes, labor difficulties, equipment failures, shortages or any other like or unlike causes beyond the reasonable control of Fur-Ever Will, LLC. Quantities are subject to availability.

Waiver/Invalidity:

     Failure of Fur-Ever Will, LLC to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Entire Agreement:

     These terms and conditions constitute the entire and exclusive agreement between you and Fur-Ever Will, LLC concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Fur-Ever Will, LLC.

Miscellaneous:

     The above purchases can be made at the Website. Total Product quantities remain the same regardless of where your purchase is made.

Disclaimer

     Prices do not include tax, shipping or any fees imposed. Reseller prices may vary. Specifications, availability, prices and terms of offer are subject to change without notice. Fur-Ever Will is not responsible for photographic, typographic or system errors.

     Rev. 11/2022

     Copyright 2024 Fur-Ever Will, LLC.