Website Terms of Use

Thank you for visiting www.sloppyplate.com (the “Website”), which is owned and operated by Sloppy Plate, LLC (“Sloppy Plate”). These terms and conditions (“Terms of Use”) govern your access to and use of the App and the Website as well as the content, functionality, goods and/or services offered through the App and the Website. Throughout these Terms, the terms “we,” “us,” and “our” refer to Sloppy Plate and the terms “you” and “your” refer to any visitor to or user of the Website.

These Terms of Use are effective as of: October 1, 2019.

Please carefully read these Terms of Use before you start using the Website. By accessing the Website, you agree to be legally bound, without limitation or qualification, to these Terms of Use. If you do not agree to one or more provisions in these Terms of Use please immediately exit and make no further use of the Website. Access to and use of the Website, is subject to all applicable laws and regulations as well as these Terms of Use and the Sloppy Plate’s Privacy Policy (located here), which set forth the legally binding terms related to your access and use of the Website.

Subject to these Terms of Use, the Website: (i) displays and allows you to purchase dog food and other products offered by Sloppy Plate; (ii) allows you to register with us to create an account to access to specialized portions of the Website (your “Account”); (iii) allows you to register with Sloppy Plate to receive the Sloppy Plate newsletter via e-mail; and (iv) allows you to register with Sloppy Plate to receive information about particular items that might be of interest to you.

You Must Be At Least 18 Years of Age

By using and/or registering and/or providing any information on the Website, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. If you are under 18 years of age you must immediately exit and make no further use of the Website. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

Subscriptions and Other Purchases

When you view an item on the Website, you will see terms and conditions related to the sale of such item, including terms related to shipping and the Sloppy Plate return policy (“Terms of Sale”). The Terms of Sale are hereby incorporated in these Terms of Use. The Terms of Sale, Terms of Use, and the relevant terms and conditions of either Stripe and/or PayPal, govern the purchase of items purchased through the Website.

Please see our Website for a current description of the subscriptions we offer (“Subscriptions”), how to place an order for a Subscription and our policies with respect to changing or cancelling a Subscription. Subscriptions are automatically renewed and will continue for renewal periods of the same duration as the Subscription term originally selected at the then-current price (or for the term and price as subsequently modified by you), unless you have cancelled such Subscription. You acknowledge that Subscriptions have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. For a given Subscription, you can change your preferences in your Account, where you can adjust, skip or cancel such Subscription. Any changes must be made at least seventy-two (72) hours before your next ship date. Our Website will let you know if you can still modify the next shipment before it ships.

If you sign up to receive our meals on a trial basis, you will receive a 3-day supply of meals consisting of 6 meals total. If you do not affirmatively advise us that you do not wish to receive additional meals by [INSERT METHOD] on or before the date provided to you at the time of your initial trial order, you will automatically be signed up for a Subscription.

All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you, and Sloppy Plate reserves the right to refuse or cancel any order or transaction at any time, in its sole discretion. For example, we may choose to not process or to cancel your order when a product is out of stock or has been mispriced or if we suspect the request is fraudulent. If we decide not to process your order or if we cancel all or a portion of your order, Sloppy Plate will either not charge you for the applicable item(s) or provide you with a refund for the applicable item(s).

The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

In order to submit an order through the Website, you must use a valid credit card or other payment method accepted by the Website (which may change from time to time in Sloppy Plate’s sole discretion) (your “Payment Method”), with full authority to use it. Sloppy Plate reserves the right, in its sole discretion, to take steps to verify your identity and/or eligibility to process your order. Please note that any payment terms presented to you in the process of placing an order through the Website are deemed part of this Agreement.

When you purchase a product through the website, you can choose to have your payment processed using Stripe or Paypal. The Stripe and PayPal payment processing platforms are operated by third parties and governed by separate terms of use and privacy policies and you should familiarize yourself with the terms of use of privacy policies of such third-party payment processors. The PayPal Privacy Policy is found at: www.paypal.com/us/webapps/mpp/ua/privacy-full. The Stripe Privacy Policy is found at: https://stripe.com/privacy.

If we, through Stripe or PayPal, do not receive payment from you, you agree to pay all amounts due on your applicable order upon demand. We are not responsible for any error by Stripe or PayPal. By choosing to purchase products through the Website, you agree to pay us, through Stripe or PayPal, all charges at the prices then in effect for your purchase in accordance with your Payment Method and you authorize us, through Stripe or PayPal, to charge your Payment Method. Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. FOR SUBSCRIPTIONS, WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT. ... YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION THROUGH THE SERVICES.

Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to order the Subscription.

Changes to Products Available Through Website

The products displayed on the Website are continuously being updated and changed and it is possible that some of the items that are displayed on the Website may not be available for purchase at any particular time. Sloppy Plate is not responsible to you, or to any other party, if an item displayed on the Website is not available for purchase at any particular time.

Changes to the Website and/or Terms of Use

From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the Website. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website and the revised Terms of Use will be effective immediately upon posting.

You are responsible for reviewing the most current version of the Terms of Use before using the Website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Website are reasonable.

Privacy Policy

When requesting certain information, products or services via the Website, you will be asked to provide certain personal and other information. You agree that all information you provide to Sloppy Plate through the Website or otherwise, is governed by our Privacy Policy which is hereby incorporated in these Terms of Use. By using the Website, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to having your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Website.

Your Responsibility

You represent that all of the information, data, and other materials you provide on the Website or to Sloppy Plate through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website or to Sloppy Plate through any other means, as appropriate.

You must not use the Website: to violate any local, state, national or international law, to interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to your Account or any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable your Account or any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You must not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose except as described in these Terms of Use; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of the Website.

Permission to Access the Website

Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. Sloppy Plate neither warrants nor represents that use of content displayed on the Website will not infringe rights of third parties not owned by or affiliated with Sloppy Plate.

Intellectual Property

Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of Sloppy Plate or the material is included with the permission of the rights owner.

You acknowledge that Sloppy Plate owns all right, title and interest in and to all of the information on the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

TRADEMARKS

Certain of the names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of Sloppy Plate or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Sloppy Plate or those other entities.

COPYRIGHTS; RESTRICTIONS ON USE

The content made available to you through the Website, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (a) copyrighted by Sloppy Plate and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Sloppy Plate or its licensors. Except as permitted in the Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to an