Last Updated: October 19, 2022
When you use, access, browse or transmit data from a device or Almo Nature product to or through the Almo Nature Services or any of our Digital Services including through the Website or any Almo Nature App, activate a Almo Nature product or subscription, click an “I Accept” or similar button, or subscribe to any Almo Nature services including a newsletter, you represent that (1) you have read, understand, and agree to be bound by the TOU, (2) you are of legal age to form a binding contract with Almo Nature, and (3) you have the authority to enter into the TOU on behalf of yourself. If any of the foregoing three conditions do not apply or are answered negatively, you may not access, or use, or order/purchase items from, our Digital Services.
Please note that the TOU are subject to change by us in our sole discretion at any time. When changes are made, Almo Nature will make a new copy of the TOU available on our Digital Services. We will also update the “Last Updated” date at the top of the TOU. If we make any material changes, and you have provided us with your email address, we reserve the right – but do not have the obligation -- to make a reasonable effort to send an email to you at the last email address you provided to us. Any changes to the TOU will be effective immediately. Almo Nature may ask you to provide consent to an updated TOU in a specified manner before further use of our Digital Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using our Digital Services. Otherwise, your continued use of our Digital Services constitutes your acceptance of such change(s). Please regularly check our Digital Services to view the then-current TOU which will take precedence over all prior versions.
In registering for the Digital Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other older minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using Almo Nature IP under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Almo Nature immediately of any unauthorized use of your password or any other breach of security. You must exit/sign out from your Account at the end of each session or use of your Almo Nature product. If you provide any information that is untrue, inaccurate, not current or incomplete, or Almo Nature has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Almo Nature has the right to suspend or terminate your Account and refuse any and all current or future use of Almo Nature IP (or any portion thereof). You agree not to create an Account using a third party’s identity without their informed consent or permission, or create an account in the name of your pet which does not also include your name and contact information, or provide false age or payment information or on behalf of someone other than yourself, whether human or otherwise. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use Almo Nature IP if you have been previously removed or barred by Almo Nature from any Almo Nature store. If we terminate your license to use the Digital Service, we may retain enough information to prevent you from signing up for the Digital Service in the future. We note that neither HIPAA, the GDPR nor the California Consumer Privacy Act provide procedures for control of information about names or ages of pets, or other health details related thereto.
We have reasonable and appropriate administrative, technical, and physical security measures to help protect your Personal Data against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of your transmissions to us and of the Personal Data that we store. You acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Almo Nature may be impacted therin.
If You are a GDPR resident or citizen, or a resident of California, and ask us to delete your Account, we will or may, in our discretion, remove certain personally identifying information from our active user database, and then from our records in accordance with our data deletion cycle, except that we may retain personally identifying information where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a user’s request.
In order to access certain features of our Digital Services, you will be required to become a Registered User. For purposes of the TOU, a “Registered User” is a user who creates an account with Almo Nature (“Account”) by either registering directly with Almo Nature through our Digital Services or logging into our Digital Services with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to Almo Nature and/or grant Almo Nature access to your Third-Party Account (including, but not limited to, for use by Almo Nature and its designees for the purposes described herein) without breach by you of any of the TOU and conditions that govern your use of the applicable Third-Party Account and without obligating Almo Nature to pay any fees or incur any liability or making Almo Nature subject to any usage limitations imposed by such third-party service providers. If you elect to grant Almo Nature access to any Third-Party Accounts, you affirm that you understand that Almo Nature may access, make available and store (if applicable) any of your content, information, photographs, and/or other materials (collectively, “Content”) accessible through Almo Nature that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through Almo Nature IP via your Account. Unless otherwise specified in the TOU, all Third-Party Account Content shall be considered to be your Content for all purposes of the TOU including but not limited to licenses to display, use, modify, copy and perform any intellectual property contained or included therein. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on Almo Nature IP. Please note that if a Third-Party Account or associated service becomes unavailable, or Almo Nature’s access to such Third-Party Account is terminated by the third-party service provider, then your Account Content may no longer be available on and through the Digital Service. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, and Almo Nature disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such Third-Party Account. Almo Nature makes no effort to review, and does not warrant or endorse any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Almo Nature is not responsible for any Third-Party Account Content.
Usage Limitations and Site Errors
GLITCHES CAN HAPPEN
Any recommendations or information based on or inclusive of Pet Health Data are not to be used for any medical, diagnostic, or health care uses. You are responsible for seeking professional medical diagnosis and treatment for your pet, and for discussing any information available through the Digital Services with your pet’s healthcare provider. The Digital Services and Pet Health Data are not a substitute for, nor do they replace, professional veterinary advice, diagnosis or treatment; analysis of your Pet Health Data and any diagnosis, recommendation or prohibitions made in connection therewith can only be accomplished by a veterinarian and their team.
ALMO NATURE IS NOT AUTHORIZED BY ANY PROFESSIONAL LICENSURE TO PROVIDE SERVICES OR INFORMATION. NO PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN ALMO NATURE AND YOU IN CONNECTION WITH OR BECAUSE OF YOUR USE OF ALMO NATURE PRODUCTS OR SERVICES.
We make no representations or warranties of any kind as to the accuracy or completeness of any Pet Health Data or other content or material made available through the Digital Services (collectively, the “Content”). IF YOU RELY ON THE SERVICES OR CONTENT, YOU DO SO AT YOUR OWN RISK. DO NOT USE OR RELY ON THE SERVICES OR CONTENT TO DIAGNOSE OR TREAT A CONDITION OR TO DELAY OR DECLINE TO SEEK ADVICE FROM A VETERINARIAN. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES AND CONTENT. THE SERVICES ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, THE PRACTICE OF VETERINARY MEDICINE OR THE PROVISION OF VETERINARY CARE.
The Almo Nature App may not be available on or usable through all operating systems. We may change, withdraw, or discontinue the Digital Services or any portions thereof at any time and at our sole discretion.
The information and content contained on our Digital Services may contain typographical or other errors or inaccuracies, all of which are inadvertent. We reserve the right to update, amend, replace and/or correct any data, information and content we see fit at any time without prior notice or liability. Please note that such errors may relate to product information, pricing and availability, in which case we reserve the right, without liability, to cancel or terminate any orders/purchases placed in connection with such erroneous/inaccurate information, subject to refunding any monies paid, as your sole remedy. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them.
The products sold on this website have not been evaluated by the Food and Drug Administration; if third party products are discussed on our Digital Services, any information about said products, including their technical specifications and fitness for any particular purpose, have been provided to us by their manufacturers, who are wholly responsible for ensuring the accuracy and truthfulness of any statements, information or claims. Almo Nature is neither responsible nor liable for any advice, course of treatment or diagnosis that you obtain through the Digital Services, as all such content is provided for informational purposes only. Almo Nature Services are not intended to diagnose, treat, cure or prevent any disease. We are not liable for any individual pet’s or person’s reaction in connection with use of any Almo Nature products. You agree to follow the directions for use. If your pet has a specific allergy or sensitivity to the components of our Almo Nature products, do not use the Almo Nature products.
BY USING ALMO NATURE’S APP, PRODUCTS AND SERVICES, AND ANY RECOMMENDATIONS OR GUIDANCE PROVIDED THEREBY OR IN CONNECTION THEREWITH, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE FOLLOWING PRODUCT DISCLAIMERS AND LIMITATIONS (“ALMO NATURE PRODUCT DISCLAIMERS”).
YOU FURTHER ACKNOWLEDGE THAT NONE OF OUR DIGITAL SERVICES SHOULD BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED VETERINARY ADVICE.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ALMO NATURE BE LIABLE FOR ANY PERSONAL INJURY TO OR DEATH OF YOU OR ANY USER OF THE ALMO NATURE SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ALMO NATURE PRODUCTS OR SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ALMO NATURE PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ALMO NATURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Almo Nature strives to create an interactive relationship with the users of its Digital Services. A “Submission” is defined as manually entered comments, feedback, suggestions, ideas, usernames and other submissions on or to our Digital Services in any media that now exists or may hereinafter be created. If you send, distribute, share or post a Submission on, to or at any page or site hosted, managed or controlled by Almo Nature including our Digital Services, and any of Almo Nature’s Facebook pages, or if you directly communicate with Almo Nature via email, a comment form, Twitter, or on Instagram, Yelp, tumblr or another online service including by tagging Almo Nature with the @ or # symbol or in any other recognizable manner, you hereby affirm that you have the right to do so, and grant Almo Nature a non-exclusive, free-of-charge/royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant Almo Nature the right to include and/or use the user name that you submit with your Submission, if any, in connection with such Submission, whether on the Digital Service or in any other media, and that no additional compensation, consideration or credit needs to be provided to you by Almo Nature and/or any sublicensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to Almo Nature’s social media platforms where the content meets the standards articulated in this TOU. If You believe that a user has violated the terms of these TOU, it is not your responsibility to call them out on it publicly; instead, please contact Almo Nature. Almo Nature shall have the sole right (but not the obligation) and sole discretion to delete, refuse and/or move any Submission and/or block access by the public to any Submission that violates the TOU or is otherwise deemed objectionable for any reason in Almo Nature’s sole discretion, while maintaining copies of said Submission for archival and legal purposes. Although we try to maintain a safe environment on our social media platforms and the Digital Services, we are not responsible for the posts of any user and disclaim any and all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submission) and may not review user submissions (including your Submissions) for purposes of compliance with the TOU or any other policy or otherwise. Furthermore, Almo Nature shall be under no obligation to: (1) maintain in confidence any of your Submissions that are shared publicly by you; (2) pay to users, including you, any compensation for any Submissions; or (3) respond to any user Submissions.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, SUBMISSIONS) POSTED ON OUR DIGITAL SERVICES AND ANY OF Almo Nature’S SOCIAL MEDIA PLATFORMS.
No Submission shall include any material which is deemed by Almo Nature, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by Almo Nature in its sole discretion to be advertising or "spam". You acknowledge that by using the Digital Service, you may be exposed to material that is offensive, indecent or objectionable and that Almo Nature is not liable for this.
You recognize that some Content on this Website, including all Submissions submitted by any user, represents the opinions of the individual who has created such Content, and is not endorsed by this Website or Almo Nature in any way. Almo Nature does not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content, Submission, or other information or materials displayed, uploaded, or distributed through our Digital Services by any third party and you are responsible to verify this on your own. You acknowledge that except as otherwise provided herein regarding pricing, as limited herein, any material you download, view, or otherwise access through our Digital Services is at your own sole risk, and you will be solely responsible for any damage and/or loss or corruption of data that results from the download of any such material. You understand that the technical processing and transmission of our Digital Services, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices. Without limiting the scope of the Submissions License or any present or future grant of rights, consents, agreements, assignments, and waivers you have made or may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you.
Use of Intellectual Property.
Our Digital Services (“collectively “Almo Nature IP”) are protected by copyright laws throughout the world. Subject to the TOU, Almo Nature grants you a limited license to reproduce portions of the Almo Nature IP for the sole purpose of using our Digital Services for your personal purposes including sharing our Almo Nature IP on a noncommercial basis, such as with your healthcare practitioner, unless otherwise specified by Almo Nature in a separate written license from Us to you.
You consent to transact with us electronically and receive all legal notices, warranty notices, product recalls, and other communications electronically, by e-mail, postal mail, and/or by notices posted on or via the Digital Services. For this and other purposes, you agree to provide us with a valid, working email address and to notify us of any changes to your e-mail address. You are responsible for maintaining either or both an Internet browser and computing equipment, or a smartphone, app and Internet access capable of accessing the Digital Services.
Customers placing orders for products or subscriptions will receive email, pop-up and/or text alerts about each order placed on or via our Digital Services. Additionally, you may receive additional emails following receipt of an order soliciting feedback relating to that order, or recommending products or services to you, including subscription renewals, and/or firmware updates, based on prior orders and other interactions with Almo Nature, and you consent to the receipt of same.
The limited rights granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially exploit Almo Nature IP or any portion of Almo Nature; (b) you shall not use any metatags, keywords, advertisement tags or other “hidden text” using Almo Nature’s name, trademarks or other intellectual property for any commercial purpose; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Almo Nature IP except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our Digital Services (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Digital Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials; (e) you shall not access Almo Nature IP in order to build a similar or competitive Website, application, product or service; (f) you shall not access aspects, elements or parts of the Digital Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Digital Services; (g) you shall not engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information; and (h) except as expressly stated herein, no part of Almo Nature IP may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose. Almo Nature, its suppliers and service providers reserve all rights not granted in the TOU. Any unauthorized use by or for you of Almo Nature IP will automatically and immediately terminate the limited license granted to you by Almo Nature pursuant to the TOU without the need for any further notice or action on our part.
You affirm and agree that you shall not upload to, email to, distribute or otherwise publish through, or share with or through our Digital Services any Content, Submissions or materials deemed by Almo Nature, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by Almo Nature in its sole discretion to be advertising or "spam".
THIRD PARTY INTERACTIONS
To improve our Digital Services and Almo Nature products, Almo Nature may use Content and Submissions in an aggregate and/or de-personalized manner, on our own and in collaboration with third parties.
We may from time to time link to content created by third parties and hosted on websites other than Almo Nature’s websites. However, even if the third party is affiliated with or related to Almo Nature, Almo Nature does not control these services and we make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, the content, goods or services any such third parties. Outside sites linked from our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings or interactions with any third party website or merchant or operator of such a third party service, including but not limited to Facebook, Google, Apple, and/or Stripe.
Usage Outside the United States
Almo Nature is located in the United States, but we understand that some of our customers, users and their family members and/or healthcare providers are citizens of or residents of other countries, including European Community countries. If you access Almo Nature services from, or use a Almo Nature Services in, a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer or different legal rights in relation to your information.
We will collect and retain your information in connection with our Digital Services and any Almo Nature Services used by you for as necessary to perform the services that you access in connection with your Almo Nature Services, and at least as long as required by operation local, state and federal laws and regulations. If you wish to unsubscribe from any of our emailed newsletters or marketing materials, please use the links on such email, but please note that you cannot unsubscribe from emails regarding health, safety, subscriptions, recalls or warranties, as they are necessary for us to perform our services and business operations involving safety of our products and our legitimate interests.
Please contact us if you wish to make a request or ask a question regarding your personal information as set forth in the bullet points below; we reserve to charge a reasonable fee for requests of lists of the Personal Data we have collected about you if such request is made more than once in any 365-day time period:
- If you believe that any information that we have is incorrect
- If you wish to obtain a copy of the personal information you have provided to us in a structured, commonly used and machine-readable form; we reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion
- If you are not a current or former subscriber to any services related to a Almo Nature, and you wish to ask us to remove information that we have collected from or about you.
If you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:
- Right to access personal information. You have the right to receive the specific pieces of your personal information we have collected about you in the 12 months preceding your request.
- Right to data portability. You have the right to receive a copy of your electronic personal information in a readily-usable format.
- Right to know. You have the right to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your "right to know" request.
- Right to request deletion. You have the right to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iii) in order to complete a transaction for which your personal information was collected.
- Right to non-discrimination. You have the right to be free from discrimination by us as a result of you exercising your rights under the CCPA.
If you are a resident of California, you may request that we provide you with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.
If you are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at via the Contact form. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.
Note that certain of the rights set forth above do not apply until at least January 1, 2021 for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.
By use of this Website, you agree to indemnify and hold Almo Nature (and its shareholders, members, officers, directors, agents, affiliates, subsidiaries, related entities, partners, joint venturers, licensees, contractors and employees) harmless from and against each and every claim or demand, as well as losses, expenses, damages and costs (including attorney fees and court costs), resulting from any violation by you of these TOU or any activity of yours related to your Account (including, but not limited to, criminal, negligent or wrongful conduct, copyright infringement, trademark infringement or misuse of our Digital Services).
Product Sample and Refund Policy
Refunds of purchases made through any third party site including but not limited to Amazon, any retail store or any third party Facebook page, will be pursuant to the policies of said third party entity.
Free gifts, samples or promotional items with retail value cannot be returned and no refunds for same will be made under any circumstances.
If for any reason you are not completely happy with your purchase of Almo Nature products, please use the Contact Form to contact us with any questions or concerns. Our email addresses are not always monitored so we cannot guarantee a response through those channels.
Modification/termination of Website
In the event of termination of your Account or the conclusion of any Subscription, you will still be bound by your obligations under these TOU, including the warranties affirmed by you, and by the assignments, licenses, waivers, disclaimers and limitations of liability. Almo Nature shall not be liable to you or any third-party for any termination of your access.
Disclaimer of Warranty
YOU ARE AWARE THAT ALMO NATURE AND ALMO NATURE SERVICES ARE NOT INTENDED, OR TO BE CONSTRUED, AS VETERINARY ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL VETERINARY NEEDS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF ANY RECOMMENDATIONS OR GUIDANCE PROVIDED HEREIN (“RECOMMENDATIONS”), AND ANY OTHER SERVICES PERFORMED BY OR ACCESSED THROUGH THE ALMO NATURE SERVICES IS AT YOUR SOLE RISK.
Limitation of liability
Almo Nature shall not be liable to you for any unforeseeable, direct, indirect, incidental, special, consequential, punitive or exemplary damages, or any like damages, liabilities, losses or costs, including, but not limited to, loss of actual or anticipated profits or revenues or attorney fees, that result from the use of, or the inability to use, our Digital Services, the Pet Health Data, the materials and products or the performance of any its products (even if Almo Nature has been advised of the possibility of such damages). If a court of final jurisdiction finds Almo Nature liable for any claim/cause of action according or pursuant to any theory of liability despite the present disclaimers and exclusion of liability, Almo Nature’s aggregate liability the actual price paid by you inclusive of taxes and shipping, as the User of this Website or the purchaser of Almo Nature products through this Website (to be paid in the currency of your purchase). You agree that all of the terms and conditions of this section, including all of the Almo Nature disclaimers, exclusions of Almo Nature liability and alternative cap on Almo Nature liability, are fair and reasonable as a condition for your use of Almo Nature Services.
Resolving Disputes and Issues
If you have a problem with your subscription or an issue with the Digital Services or any Almo Nature product, please visit our Customer Support page and submit a Help Desk request or refund query.
Termination of Privileges, Access and Subscription
Construction and Language
For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders.
With respect to any and all disputes arising out of or relating to the Digital Services or these Terms, both Almo Nature and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all such disputes in court before a judge or jury.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER OF THE PARTIES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
You agree to indemnify and hold harmless us, and our affiliates, and any of our predecessors and successors in interest, as well as our owners, directors, officers, managers, employees, contractors, shareholders, agents, and licensors, whether or current or past,; and their owners, directors, officers, managers, employees, contractors, shareholders, agents, and licensors, whether or current or past, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms or your use of the Digital Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
The Parties agree that all disputes subject to arbitration that cannot be settled through informal negotiation will be resolved exclusively and individually through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final, subject only to right of appeal under the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in Miami Dade County, Florida, in any manner that we believe is necessary to protect our rights or property pending the completion of arbitration.
Any claim not subject to arbitration by this section shall be subject to the exclusive jurisdiction of state or federal courts in Miami Dade County, Florida. The Parties hereby waive any argument that any such court does not have personal jurisdiction, that venue is not appropriate, or that said forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide us with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence.
If any portion, term or condition of this Agreement is held invalid or unenforceable by a court of competent final jurisdiction, that portion, term or condition shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties (or, in the worst-case alternative shall be read out of this Agreement), and the remaining portions of this Agreement shall remain in full force and effect. The delay or failure of Almo Nature to exercise or enforce any right, benefit, term or condition of these TOU shall not constitute a present, future or ongoing waiver of such right, benefit, term or condition. Only a written waiver signed by Almo Nature shall be deemed a valid waiver.
You agree that, except as otherwise expressly provided in these TOU, you have no third-party beneficiaries who shall benefit from these TOU. You agree that any claim or cause of action arising out of or related to these TOU or your use of the Digital Service must be filed within one (1) year after the claim/cause of action initially arose or it shall be forever barred.