Terms of Service

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website and/or your registration for, purchase, or use of any of our Online Services. By submitting information to Funny Retriever, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which Funny Retriever, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Compliance with These Terms of Service

You agree to comply with all federal, state and local laws, rules and regulations regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy and any applicable laws, Funny Retriever reserves the right, but not the obligation, to monitor your use of the Website and our Online Services. Funny Retriever reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy and/or any applicable laws. By accessing, browsing or using the Website and/or its services, you represent and warrant that you are at least eighteen (18) years of age.

Using our Website and Online Services

You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and applicable laws. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that Funny Retriever, in its sole discretion and from time to time, may elect to take. Funny Retriever reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, distribute, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of Funny Retriever. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “Funny Retriever” or any other colorable equivalent without the prior express written consent of Funny Retriever.

The viewing, printing or downloading of any Content from the Website grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content. The licenses granted hereunder immediately terminate in the event of improper use of the Website and the Content.

Users acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the Website will cause irreparable harm to Funny Retriever and that in such event money damages will not constitute sufficient compensation to Funny Retriever. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the Website, you specifically consent to Funny Retriever obtaining injunctive relief against you in addition to any other legal or financial remedies to which Funny Retriever may be entitled.

You shall not be permitted to do any of the following, as determined by Funny Retriever, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or applicable law; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

Intellectual Property Rights

The name “Funny Retriever," hello@funnyretriever.com, www.funnyretriever.com, and other trade names, URLs, and Website domain names owned and/or operated by Funny Retriever, and Funny Retriever’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Funny Retriever (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Funny Retriever, which permission may be withheld in Funny Retriever’s sole discretion. Funny Retriever makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, Funny Retriever or its Content suppliers. All software used for our Website (the “Software”) is the property of Funny Retriever or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.

You shall be solely responsible for any damage resulting from your infringement of Funny Retriever’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property, the Software, and/or any other harm incurred by Funny Retriever or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by Funny Retriever and Funny Retriever has not reviewed, and is not responsible for, the content of any such third party websites. Funny Retriever makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Funny Retriever’s Copyright Agent designated below with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Funny Retriever’s designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP

If notified of an allegation that the Website contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Website, consistent with applicable law.

For any information or notification send notice:

By mail to:

Attn: Mark Rosenberg, Esq.

Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor

New York, NY 10018; or

By e-mail to:

mrosenberg@tarterkrinsky.com

Subject: Attn: Funny Retriever DMCA Agent; or

By phone to:

Mark Rosenberg

(212) 216-1127

Electronic Communications

By using our Website or using an Online Service, you consent to receive communications from Funny Retriever electronically. Although Funny Retriever may choose to communicate with you by other means, Funny Retriever may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that Funny Retriever sends to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT CONTAINED ON FUNNY RETRIEVER’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH FUNNY RETRIEVER OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. FUNNY RETRIEVER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FUNNY RETRIEVER HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES AS TO THE OPERATION OF THE WEBSITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER FUNNY RETRIEVER NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, FUNNY RETRIEVER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS SECURE, THE WEBSITE OR THE SERVER SUPPORTING THE WEBSITE WILL BE VIRUS-FREE, THE INFORMATION ON THE WEBSITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

Affiliate Disclaimer

From time to time, Funny Retriever may endorse, promote or suggest services and/or products. Funny Retriever’s recommendations will be based solely on Funny Retriever’s determination that the service/product is of value to Users based on a review thereof by Funny Retriever, and/or Funny Retriever’s relationship with the provider/producer of such service/product and/or Funny Retriever’s prior usage of such service/product. Funny Retriever may be compensated for its recommendations. Funny Retriever may receive sample services/products for the purpose of conducting a review thereof. Funny Retriever’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet Funny Retriever’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which Funny Retriever provides a review shall be solely the responsibility of the person utilizing such service/product and Funny Retriever shall not be liable in any way as a result of any such person’s use of any such service/product. By entering this giveaway, you agree that you are subscribing to the

EcoKind Pet Treats, PupPod, Pet Product Innovations LLC, Petponia, Bonne et Filou Inc., Identity Pet Nutrition LLC, Petsmont, Dandy Pet Inc., Funny Retriever, Furhaven Pet Products, Cooper's Treats, Moe's Healthy Pets, Noah's Nibblez, Platinum Pet Treats

email newsletters and granting your approval for any of Funny Retriever's affiliates and Sponsors to contact you regarding offers, information on giveaways and special promotions.

Limitation on Liability of Funny Retriever

Any liability of Funny Retriever, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Funny Retriever from any User in connection with such use of, registration for and subscription to any Online Services. Funny Retriever will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained on the Website or Online Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages or any loss of profit, revenue, opportunity or data, unless otherwise specified in writing. Without limitation, Funny Retriever shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of Funny Retriever to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Amendments

We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

(Last Revised September 29, 2021)