Terms of Use

1. Agreement to Terms

These Terms of Use represent a legally binding agreement between you, whether acting on your own behalf or on behalf of an entity (“you”), and Smokey & Moo’s Treats, LLC, a registered entity in Pennsylvania, United States, with its principal office located at 101 South Avenue, Oakdale, PA 15071. You can reach us via email at info@smokeyandmoostreats.com or by phone at 412-690-0289 (referred to herein as "Company", "we", "us", or "our"). These terms govern your access to and use of the Smokey & Moo’s Treats website ("Site"), as well as any other associated media forms, channels, mobile websites, or applications connected to the Site.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you must refrain from using the Site immediately.

Additional terms and conditions or supplemental documents posted on the Site are incorporated herein by reference. We reserve the right to amend or modify these Terms of Use at any time and for any reason at our sole discretion. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms regularly to stay informed of updates. Your continued use of the Site after any modifications signifies your acceptance of the revised Terms.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would contravene applicable laws or regulations or subject us to registration requirements within such jurisdiction or country. By accessing the Site from other locations, you do so voluntarily and are solely responsible for compliance with local laws, if any.

The Site is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your activities on the Site would fall under such regulations, you are prohibited from using the Site. Furthermore, you may not use the Site in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Site.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have 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 may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Subscriptions

By opting in for the subscription option, a minimum two-month subscription commitment is required. Subscription plans automatically renew every 30 days, and remain in effect until the consumer affirmatively cancels the service unless you purchase a set 3 month, 6 month, 9 month, or 12 month delivery subscription, which will be renewed every 3, 6, 9, or 12 months.

Manage your deliveries hassle-free through your member's account, allowing you to modify or cancel anytime. For further assistance, reach out to us at info@smokeyandmoostreats.com.

5. Product Information

We endeavor to display the colors, features, specifications, and details of our products on the Online Shop as accurately as possible. However, we cannot guarantee that such information will always be accurate, complete, reliable, current, or free of errors. Your electronic display may not precisely reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time and for any reason. Prices for all products are subject to change.

6. Purchase and Payment Information

By making a purchase via the Online Shop, you agree to provide current, complete, and accurate purchase and account information. It is your responsibility to promptly update account and payment information, including email address, payment method, and payment card expiration date, to ensure the completion of your transactions and enable us to contact you as necessary. Sales tax, as required by law, will be added to the price of purchases. Prices are subject to change at any time. All payments shall be made in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases, along with any applicable shipping fees. By placing an order, you authorize us to charge your chosen payment provider for any such amounts. If your order involves recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even after payment has been requested or received.

We retain the right to refuse any order placed through the Online Shop. Additionally, we may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Such restrictions may apply to orders placed under the same customer account, payment method, or billing or shipping address. We also reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

7. Terms/Termination

These Terms of Use shall govern your use of the Online Shop and shall remain in full force and effect for as long as you use the Site. However, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Online Shop to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Online Shop or delete your account and any associated content or information you posted at any time, without prior warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or any third party's name. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action.

8. Modifications

We reserve the right to change, modify, or remove the contents of the Online Shop at our sole discretion and without notice. While we have no obligation to update any information on our Site, we reserve the right to modify or discontinue all or part of the Online Shop without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Online Shop.

9. Restrictions

The parties acknowledge and agree that any arbitration proceedings shall be strictly limited to the resolution of the dispute between the parties individually. To the fullest extent permitted by applicable law:

(a) no arbitration shall be consolidated with any other proceeding;

(b) there shall be no right or authority for any dispute to be arbitrated on a class-action basis or to employ class action procedures; and

(c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The parties hereby stipulate that the following disputes shall not be subject to the aforementioned provisions concerning informal negotiations and binding arbitration:

(a) any disputes seeking to enforce or protect, or pertaining to the validity of, any of the intellectual property rights of a party;

(b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and

Should this provision be deemed illegal or unenforceable, neither party shall elect to arbitrate any dispute falling within the scope of such portion of this provision. Instead, such dispute shall be adjudicated by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties hereby consent to the personal jurisdiction of that court.

10. Corrections

It is acknowledged that there may exist on the site certain information containing typographical errors, inaccuracies, or omissions related to the Online Shop offerings, including descriptions, pricing, availability, and various other details. We reserve the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the site at our discretion and without prior notice.

11. Disclaimer

The site is provided on an "as-is" and "as-available" basis. You agree that your utilization of the site services shall be at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the site's content or the content of any websites linked to this site, and we shall assume no liability or responsibility for any:

(1) errors, mistakes, or inaccuracies of content and materials;

(2) personal injury or property damage, of any nature whatsoever, arising from your access to and use of the site;

(3) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(4) interruption or cessation of transmission to or from the site;

(5) bugs, viruses, trojan horses, or similar, which may be transmitted to or through the site by any third party; and/or

(6) errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we shall not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should exercise your best judgment and caution where appropriate.

12. Limitations of Liability

In no event shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

13. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) your contributions;

(2) your use of the site;

(3) your breach of these terms of use;

(4) any breach of your representations and warranties set forth in these terms of use;

(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or

(6) any overt harmful act toward any other user of the site with whom you connected via the site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. Miscellaneous

These Terms of Use, together with any policies or operational guidelines presented on the Site or relating to the Site, embody the entire agreement and mutual understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a relinquishment of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We retain the authority to transfer any or all of our rights and obligations to others at any time. We shall not be held accountable or liable for any loss, damage, delay, or inability to act due to any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is deemed unlawful, void, or unenforceable, such provision or part thereof shall be deemed severable without affecting the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship arises between you and us from these Terms of Use or the use of the Site. You agree that these Terms of Use shall not be interpreted against us merely because we drafted them. By using the Site, you waive any defenses you may have based on the electronic format of these Terms of Use and the absence of signatures by the parties to execute these Terms of Use.

16. Contact Us

For the resolution of any complaints regarding the Site or to obtain further information concerning the use of the Site, please reach out to us at:

Smokey & Moo's Treats, LLC 100 South Avenue Oakdale, PA 15071 United States Phone: 412-690-0289 Email: info@smokeyandmoostreats.com