Terms of Service
TERMS OF SERVICE – COMPANION BITES, LLC
Last updated February 23, 2026
IMPORTANT: PLEASE CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING COMPANION BITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) are a legal agreement between Companion Bites, LLC (“Companion Bites”, “we”, “us” and “our”) and you as a user of Companion Bites’ Services or Products (as hereinafter defined) (“you” or “your”).
Companion Bites operates this store and website www.companionbites.com (the “Website”), including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Companion Bites is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
By visiting, interacting with or using our Services or Products, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. When we do update these Terms, we will also revise the “Last Updated” date at the top of these Terms. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services, website, or Products following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
1. ACCESS AND ACCOUNT
1.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
1.2. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
1.3. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
1.4. You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding your use of our website, Services, and your purchase of Products through them.
2. RELATIONSHIP WITH SHOPIFY
2.1. Companion Bites is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Companion Bites. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Companion Bites, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Companion Bites.
3. PRIVACY POLICY
3.1. All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
3.2. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy here for more details on how we, Shopify, and our partners use your personal information.
4. PRODUCTS
4.1. The Products as referenced herein include perishable frozen dog treats/toppers intended for supplemental feeding only.
4.2. Any reference herein, on the Sites, or Products to “pet(s)” should be construed to apply to “dog(s)” only. “Pet(s)” should not be construed to refer to cats, rabbits, lizards, or any other such creature. Companion Bites is not liable for any harm or injury that results from improper use and feeding of the Products.
5. ORDERS
5.1. When you place an order, you are making an offer to purchase. Companion Bites reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Companion Bites confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Companion Bites may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
5.2. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. You may not resell any of the Products that you purchase or receive from us.
6. AUTHORIZED SALES TERRITORY
6.1. Companion Bites is currently authorized to provide the Products for purchase and shipment by customers located within twenty-four (24) of the states located within the United States. These states, as of the Last Updated date above, include: Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maine, Mississippi, Missouri, Nebraska, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming (the “Authorized Territory”).
6.2. Any changes or updates to the Authorized Territory may be amended herein on a periodic basis.
6.3. Any solicitation, order, or attempted delivery of Products to a destination outside of the Authorized Territory is strictly prohibited. A violation of this section may result in the immediate termination of your account, orders, and/or subscriptions with Companion Bites and may be subject to further legal action.
7. PRICES AND BILLING
7.1. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
7.2. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
7.3. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7.4. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
8. SUBSCRIPTION PROGRAM
8.1. Companion Bites utilizes a third-party subscription service, Skio. By using our subscription ordering program (the “Subscription Program”), you acknowledge and agree that Skio is not responsible for any aspect of any sales between you and Companion Bites, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Skio and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Companion Bites.
8.2. All personal information we collect through the Subscription Program may be subject to Skio’s Privacy Policy, which can be viewed here. By using the Subscription Program, you acknowledge that you have read these privacy policies.
8.3. By subscribing to, and placing an order through, the Subscription Program you acknowledge and agree that your subscription includes both an initial and recurring payment feature, and you accept responsibility for all initial and recurring charges until canceled per the terms set forth in section 8.7.
8.4. You acknowledge and agree that by subscribing to, and placing an order through, the Subscription Program that your subscription shall automatically renew. The cost of the recurring charges, the quantity of products delivered, and the delivery schedule itself shall depend on the Subscription Program you have selected. You may modify or cancel your order up to five (5) days before your designated ship date. Any modifications or cancellations requested after this date shall take effect on the next delivery.
8.5. You acknowledge and agree that the payment method referenced in your subscription account will be automatically charged at the start of each new subscription period for the fees and taxes applicable to that period until you cancel your subscription. You agree that we may store and continue billing your payment method selected for your subscription to avoid interruption of your subscription, and that we may calculate all taxes and fees (if applicable) payable by you based on the billing information provided to us. If a payment method fails, we reserve the right to retry your payment method on subsequent dates. If a payment cannot be successfully processed, you will not receive your order.
8.6. From time to time, Companion Bites may offer a discounted rate for initial purchases through the Subscription Program. Following the conclusion of any trial or discount period, you agree to be charged the full price of your applicable plan until such plan is canceled.
8.7. To cancel your subscription, and avoid any future subscription charges, you must cancel your subscription on or before five (5) days prior to your next designated ship date. If you choose to cancel your subscription, you shall enjoy your subscription benefits until the expiration of the then-current period for which you have paid, at which time all subscription benefits shall expire.
8.8. Subscription fees are non-refundable.
9. SHIPPING AND DELIVERY
9.1. Requirements for Free Shipping: A single order of twelve (12) or more products shall qualify for free shipping up to US $30.00. Any shipping cost in excess of US $30.00 shall be the customer’s responsibility.
9.2. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
9.3. All perishable Products (frozen or refrigerated) are eligible for shipping. By purchasing the Products, you acknowledge that Products are perishable.
9.4. Some Products may be shipped with dry ice. By purchasing the Products, you acknowledge and understand that dry ice is a tool for transporting frozen goods and should never be consumed. You further acknowledge that handling dry ice may be dangerous and should be handled with care.
9.5. Upon delivery, you assume all responsibility for prompt retrieval and proper storage of the Products.
9.6. Companion Bites is not liable for product spoilage resulting from delays caused by the carrier, missed delivery attempts, failure to retrieve packages immediately, or improper storage after delivery.
10. INTELLECTUAL PROPERTY
10.1. Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Companion Bites, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
10.2. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Companion Bites, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Companion Bites.
10.3. Companion Bites’ names, logos, product and service names, designs, and slogans are trademarks of Companion Bites or its affiliates or licensors. You must not use such trademarks without the prior written permission of Companion Bites. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
11. THIRD-PARTY LINKS
11.1. The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). Such links do not constitute our sponsorship, endorsement, or approval of the content, policies, or practices of such linked sites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
11.2. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
12. OPTIONAL TOOLS
12.1. You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
12.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
12.3. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
12.4. We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
13. FEEDBACK
13.1. If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
13.2. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
13.3. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13.4. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
14. ERRORS, INACCURACIES AND OMISSIONS
14.1. Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
15. PROHIBITED USES
15.1. You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Companion Bites, Shopify or users of the Services, or expose them to liability.
15.2. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
15.3. Finally, you are not permitted to: (a) use or attempt to use another’s user account; or (b) access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction. We reserve the right to limit the availability of our Services to any geographical area or jurisdiction.
15.4. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. If you believe, in good faith, that any of our content infringes your intellectual property rights, you may send a notice pursuant to Section 18.6.
16. DISCLAIMERS AND LIMITATION OF LIABILITY.
16.1. All Products are designed for your pets and are not fit for human consumption. Companion Bites is intended for intermittent and/or supplemental feeding only, and is not intended to provide a complete and balanced diet.
16.2. GENERAL DISCLAIMER OF WARRANTIES. THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. EXCEPT AS EXPRESSLY STATED BY COMPANION BITES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. Please note that some jurisdictions may not allow the exclusion of certain implied warranties. Solely to the extent that such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
16.3. NO MEDICAL ADVICE. IT IS YOUR RESPONSIBILITY AS A PET OWNER TO MONITOR YOUR PET’S HEALTH, WEIGHT, AND CONDITION. IF YOU HAVE ANY CONCERNS ABOUT YOUR PET’S HEALTH, WEIGHT AND CONDITION, PLEASE CONSULT YOUR VETERINARIAN. ANY INFORMATION GIVEN BY ANY COMPANION BITES TEAM MEMBER IS GENERAL AND INFORMATIONAL IN NATURE, AND NOT SPECIFIC TO YOUR PET AND WE ALWAYS RECOMMEND TO SPEAK TO YOUR LOCAL VETERINARIAN WHO KNOWS YOUR PET’S MEDICAL HISTORY AND CAN EXAMINE THEM IN PERSON. NOTHING IN THE WEBSITE OR SERVICES OR COMMUNICATED TO YOU BY US OR ANY OF OUR REPRESENTATIVES IS INTENDED TO BE, NOR SHOULD BE, TAKEN AS MEDICAL OR VETERINARY ADVICE AND WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH YOUR RELIANCE ON SUCH INFORMATION.
16.4. ALLERGENS. THE PRODUCTS WE SUPPLY MAY CONTAIN ALLERGENS. WE TRY TO IDENTIFY COMMON ALLERGENS CONTAINED IN THE PRODUCTS, BUT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY FOOD YOU FEED TO YOUR PET DOES NOT CAUSE AN ADVERSE REACTION AND WE WILL NOT HAVE ANY LIABILITY FOR ANY ALLERGIC REACTION YOUR PET MAY HAVE OR ANY ADVERSE CONSEQUENCES RESULTING FROM AN ALLERGY.
16.5. PRODUCT IMAGES AND DESCRIPTIONS. The images and descriptions of our Products are for illustrative purposes only. The packaging of our Products may vary from that shown in images on the Website or otherwise made available through the Services. We have made every effort to provide an accurate representation of our products and services in our online stores. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
16.6. NO WARRANTY ON DRY ICE.
16.6.A. PRODUCTS MAY BE SHIPPED WITH DRY ICE. WHILE COMPANION BITES USES INDUSTRY-STANDARD PACKAGING, WE CANNOT GUARANTEE THE QUANTITY OF DRY ICE REMAINING UPON DELIVERY. BY PURCHASING THE PRODUCTS, YOU ASSUME ALL RISK ASSOCIATED WITH THE NATURE OF PERISHABLE GOODS. COMPANION BITES IS NOT LIABLE FOR PRODUCT SPOILAGE RESULTING FROM DELAYS CAUSED BY THE CARRIER, MISSED DELIVERY ATTEMPTS, MISHANDLED PACKAGES BY THIRD-PARTY CARRIERS, FAILURE TO RETRIEVE PACKAGES IMMEDIATELY, OR IMPROPER STORAGE AFTER DELIVERY.
16.6.B. DRY ICE CAN CAUSE SEVERE BURNS AND, IN CONFINED SPACES, ASPHYXIATION. BY PURCHASING PRODUCTS PACKAGED AND SHIPPED WITH DRY ICE YOU ACKNOWLEDGE THE DANGEROUS NATURE OF DRY ICE AND ASSUME ALL LIABILITY FOR ANY AND ALL INJURIES OR DAMAGES THAT MAY RESULT FROM OR ARISE OUT OF THE HANDLING, STORAGE, OR DISPOSAL OF DRY ICE.
16.7. LIMITATION OF LIABILITY
16.7.A. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL COMPANION BITES, OUR SUPPLIERS, OUR PARTNERS, OR THE RESPECTIVE AFFILIATES OF OUR SUPPLIERS OR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF THE SERVICES, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THER SERVICES, OR ANY PRODUCTS OR YOUR PURCHASE OR USE OF PRODUCTS FROM US, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
16.7.B. IN NO EVENT WILL THE TOTAL, COLLECTIVE, LIABILITY OF COMPANION BITES, LLC, AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SUPPLIERS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION, IN AGGREGATE EXCEED THE GREATER OF (A) US $20 OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ANY SERVICES WE PROVIDED IN THE THREE MONTHS PRECEDING THE APPLICABLE CLAIM. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OR THEORY OF LIABILITY. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY THE JURISDICTION.
16.7.C. The limitations of damages set forth above are a critical inducement for the bargain between Companion Bites and you. The limitations on liability contained herein apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Companion Bites knows of the possibility of such damage. The foregoing limitation of liability applies to the fullest extent permitted by applicable law.
16.8. LIMITATION PERIOD. YOU AND COMPANION BITES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. INDEMNIFICATION
17.1. You agree to indemnify, defend and hold harmless Companion Bites, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
17.2. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
17.3. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of these Terms of Use or any law.
18. GENERAL PROVISIONS
18.1. TERMINATION. We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. If you breach any of these Terms, all rights and access granted to you by us, including use of the Services, shall be terminated immediately. All provisions of the Terms of Use which, by their nature, should survive termination shall survive termination, including, without limitation: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law and Privacy Policy.
18.2. INJUNCTIVE RELIEF. You agree that your breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we will be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.
18.3. WAIVER. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and will not limit Companion Bites’ rights. No waiver by Companion Bites shall be of any force or effect unless made in writing and signed by a duly authorized officer of Companion Bites.
18.4. ASSIGNMENT. You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
18.5. COMMUNICATIONS. When you visit the Website or communicate with us via text message, e-mail, etc, you consent to receive communications from us electronically. You 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.
18.6. NOTICES. We may provide notice to you via a general notice on the Website, your account, or e-mail, or written communications sent via first class mail or pre-paid post. Notices may be provided by you to us by sending an email at the following e-mail address: hello@companionbites.com. Please specify the reason for the email in the subject line so that it may be forwarded to the proper department.
18.7. APPLICABLE LAW, FORUM, AND VENUE. These Terms of Service and any separate agreements whereby we provide you Services shall exclusively be governed by and construed in accordance with the federal and state or territorial courts in the Salt Lake County, Utah without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Any lawsuit or arbitration, if any and as permitted herein, by you or Companion Bites against the other will occur in state or federal courts located in Salt Lake county, Utah. You and Companion Bites consent to venue and personal jurisdiction in such courts. These Terms of Service shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
18.8. DISPUTE RESOLUTION
18.8.A. Process. If either party has any concern or dispute, the parties agree to first engage in a good-faith effort to resolve any legal concern or dispute informally by providing notice to the other party in writing, including (i) the asserting party’s full name; (ii); the asserting party’s address, email, and phone number; (iii) a clear description of the concern or dispute; and (iv) a clear description of the relief requested. Notices shall be provided pursuant to Section 18.6. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
18.8.B. Arbitration. PLEASE READ PARAGRAPHS 17.8.1 through 17.8.5 (the “Arbitration Agreement”) CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANION BITES. You and Companion Bites agree to arbitrate any disputes arising from these Terms of Services or your use of the Services, except that you are not required to arbitrate any disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secretes or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. You agree that any arbitration will occur in Salt Lake City, Utah, and will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association.
18.8.C. Waiver of Jury Trial. YOU AND COMPANION BITES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Companion Bites are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, we may bring an action in a state, provincial, or federal court to protect our intellectual property rights. Seeking such relief shall not waive our right to arbitration under these Terms.
18.8.D. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to hello@companionbites.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include (i) your full name; (ii) address, email, and phone number; and (iii) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.8.E. No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Utah. All other disputes, claims, or requests for relief shall be arbitrated.
18.9. HEADINGS. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
18.10. SEVERABILITY. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18.11. COMPLETE AGREEMENT. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CONTACT US. Questions about the Terms of Service should be sent to us at hello@companionbites.com.
