ZippyPaws grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms.

All content on the Site, including text, graphics, images, product descriptions, logos, designs, software, and other materials (“Materials and Content”), is owned by or licensed to ZippyPaws and protected by intellectual property laws.

Except as permitted by applicable law, you may not copy, reproduce, distribute, modify, display, perform, publish, create derivative works from, or otherwise exploit any Materials and Content without prior written permission from ZippyPaws.

We reserve the right to modify, suspend, or discontinue any part of the Site at any time without notice and without liability. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

All purchases made through the Site are subject to our Shipping Policy and Return Policy, which are incorporated into these Terms by reference.

We reserve the right to refuse or cancel any order at our discretion, including due to suspected fraud, pricing errors, or product availability issues. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method within a reasonable time.

Title and risk of loss pass to you upon delivery of the products to the carrier. ZippyPaws is not responsible for delays or losses caused by the carrier after delivery to the carrier. If your package is lost or damaged in transit, please contact us at zippy@zippypaws.com and we will work with the carrier on your behalf.

Product availability and pricing are subject to change without notice. We are not responsible for typographical errors. In the event of a pricing error, we reserve the right to cancel the order and refund any amount charged. We will notify you before canceling.

Applicable sales tax will be charged based on the shipping destination and applicable state and local tax laws. As a California-based company shipping nationally, we collect sales tax in states where we have nexus, as required by law.

Participation in the ZippyPaws Rewards Program is free and subject to program rules.

Points:

 - Have no cash value
 - Are non-transferable
 - May not be sold or exchanged
 - Do not expire

We reserve the right to modify, suspend, or terminate the Rewards Program at any time, with or without notice. If we terminate the Rewards Program entirely, we will provide at least 60 days’ advance notice and a reasonable opportunity to redeem accumulated points.

We may revoke rewards or terminate participation if we determine misuse, including but not limited to:

 - Reselling reward items
 - Fraudulent activity
 - Abuse that undermines the integrity of the program

Points and rewards have no monetary value and are not redeemable for cash. Participation in the Rewards Program constitutes your agreement to the program terms, which are available on the Site and may be updated from time to time.

You agree to use the Site only for lawful purposes. You may not:

 - Post false or misleading information
 - Violate any applicable law or regulation
 - Infringe intellectual property, privacy, or publicity rights
 - Attempt to gain unauthorized access to systems or data
 - Interfere with Site security or operation
 - Use automated tools (bots, scrapers, crawlers) to access the Site without our prior written permission
 - Impersonate ZippyPaws, any employee, or any other person or entity
 - Transmit malware, viruses, or any other harmful code
 - Harvest or collect personal information of other users without their consent

Violations may result in termination of access and potential legal action. ZippyPaws reserves the right to report suspected unlawful activity to appropriate law enforcement authorities.

All ZippyPaws products are intended for use by pets under constant adult supervision.

No pet toy is indestructible. You are responsible for determining whether a product is appropriate for your pet’s size, chewing strength, temperament, and past behavior.

Remove all product packaging and plastic tags before use. Discontinue use if the product becomes damaged. Products are not intended for children. Small parts may present a choking hazard.

You assume all responsibility and risk associated with the use of our products. ZippyPaws shall not be liable for any injury or harm to pets or persons resulting from misuse, failure to supervise, or use of a product that is not appropriate for the animal’s size or behavior. Always read the product label, instructions, and caution statements before use.

Certain products may contain materials not suitable for aggressive chewers. It is your responsibility to review product descriptions and select appropriate products. When in doubt, please contact us at zippy@zippypaws.com before purchasing.

Any content you submit to the Site, including reviews, comments, feedback, or other communications (“User Content”), is non-confidential.
By submitting User Content, you grant ZippyPaws a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, publish, distribute, and display such content in any media.

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights; (c) your User Content does not contain false, defamatory, or misleading information; and (d) your User Content complies with all applicable laws.

You are solely responsible for your User Content and agree to indemnify and hold ZippyPaws harmless from any claims arising from your submissions or violation of these Terms.

We reserve the right, but not the obligation, to remove User Content at our discretion. We are not liable to you for removing or declining to display your User Content.

Your use of the Site and submission of personal information are governed by our Privacy Policy and Cookie Policy, which explain how we collect, use, and protect your information. These policies are incorporated into these Terms by reference.

If you are a California resident or resident of another state with applicable privacy laws, you may have additional rights regarding your personal information. Please review our Privacy Policy for details or contact us at zippy@zippypaws.com.

The Site may contain links to third-party websites, services, or content that are not owned or controlled by ZippyPaws. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Any transactions you conduct with third parties through links on our Site are solely between you and that third party. ZippyPaws is not responsible for any loss or damage arising from your dealings with third parties.

THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that the Site will be uninterrupted, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any content on the Site, including product descriptions, pricing, or availability. We reserve the right to correct any errors or inaccuracies on the Site at any time without prior notice.

Some states do not allow the exclusion of implied warranties. In such states, the above exclusions apply to the fullest extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIPPYPAWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIPPYPAWS’ TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, liability is limited to the fullest extent permitted by law. Nothing in these Terms limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded or limited by applicable law.

California residents: Nothing in these Terms is intended to waive any rights you have under California consumer protection laws, including the Consumer Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq., or the Unfair Competition Law (UCL), Bus. & Prof. Code § 17200 et seq.

You agree to defend, indemnify, and hold harmless ZippyPaws and its officers, directors, employees, affiliates, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

 - Your use of the Site
 - Your violation of these Terms
 - Your violation of any third-party rights
 - Your User Content
 - Any false or misleading information you provide to us

ZippyPaws reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Informal Resolution First

Before initiating arbitration, either party must provide written notice describing the dispute and allow 30 days for informal resolution. Notices to ZippyPaws should be sent to: ZippyPaws Attn: Legal Department, 5548 Daniels St., Chino, CA 91710, or by email to zippy@zippypaws.com. During this 30-day period, the parties agree to negotiate in good faith.

Binding Arbitration

Any dispute arising out of or relating to these Terms, the Site, or products purchased shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Individual Claims Only

Arbitration shall be conducted on an individual basis only. Class actions, class arbitrations, and representative actions are not permitted. You and ZippyPaws expressly waive the right to participate in a class action or class-wide arbitration. Notwithstanding this, either party may seek injunctive or other equitable relief in court to prevent irreparable harm pending arbitration.

Small Claims Exception

Either party may bring an individual claim in small claims court if eligible and if the claim remains in small claims court. In California, small claims court handles disputes up to $12,500 for individuals. If your claim qualifies, you may bring it in the small claims court in your county of residence or in San Bernardino County, California.

Fees and Costs

ZippyPaws will pay arbitration filing fees and arbitrator costs to the extent required under AAA Consumer Rules. If you initiate arbitration against ZippyPaws, you will be responsible for paying the consumer filing fee as set by the AAA Consumer Arbitration Rules (currently $200, subject to change). ZippyPaws will not seek attorneys’ fees or costs from you in arbitration unless your claim is found to be frivolous.

Location and Format

Arbitration may occur in the consumer’s county of residence or remotely via video or teleconference. If you are a California resident and the claim is brought in person, the arbitration shall be held in San Bernardino County, California, unless the parties agree otherwise.

California PAGA Carve-Out

Notwithstanding the foregoing, claims brought under California’s Private Attorneys General Act (PAGA), Cal. Lab. Code § 2698 et seq., are not subject to arbitration and may be brought in a court of competent jurisdiction. However, to the extent permitted by law, you agree that any PAGA claim shall be limited to penalties on your own behalf and not on behalf of other aggrieved employees.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to: ZippyPaws, Attn: Arbitration Opt-Out, 5548 Daniels St., Chino, CA 91710, or by email to zippy@zippypaws.com with the subject line “Arbitration Opt-Out.” Opting out will not affect any other part of these Terms.

Waiver of Jury Trial

If a dispute proceeds in court rather than arbitration, both parties waive the right to a jury trial to the fullest extent permitted by applicable law.

Severability of Arbitration Clause

If any part of this arbitration agreement is found unenforceable, that part shall be severed and the remaining portions of this section shall remain in full force and effect. If the class action waiver is found unenforceable in any individual case, that case may proceed in court, but the arbitration agreement shall remain enforceable for all other cases.

ZippyPaws shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, labor disputes, supply chain disruptions, government actions, or internet outages. In the event of a force majeure event affecting your order, we will notify you as soon as reasonably practicable and provide options including cancellation and a full refund.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer protection laws in your state provide greater protections, in which case those laws apply to the extent of the conflict.

Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in San Bernardino County, California. You consent to personal jurisdiction in such courts. If you are a consumer in a state that requires disputes to be heard in your local courts, those requirements will control.

California residents have specific rights under the California Consumer Legal Remedies Act (CLRA) and other consumer protection statutes. Nothing in these Terms is intended to limit those rights.

For residents of states other than California: to the extent your state’s consumer protection laws provide rights that cannot be waived by contract, those rights are not affected by this choice-of-law clause.

ZippyPaws respects the intellectual property rights of others. If you believe that content on the Site infringes your copyright, please send a notice to our designated DMCA agent at:

ZippyPaws — DMCA Agent
5548 Daniels St., Chino, CA 91710

zippy@zippypaws.com

Your notice must include: (i) identification of the copyrighted work; (ii) identification of the infringing material and its location on the Site; (iii) your contact information; (iv) a statement that you have a good faith belief the use is not authorized; (v) a statement under penalty of perjury that the notice is accurate and you are authorized to act on behalf of the copyright owner; and (vi) your signature.

ZippyPaws cares deeply about the well-being of your pets. In certain circumstances, at our sole and absolute discretion, ZippyPaws may offer a goodwill reimbursement toward documented veterinary expenses (“Goodwill Assistance”) where a pet has experienced a verified adverse health event that we have reasonably determined may be related to use of one of our products.

IMPORTANT: Goodwill Assistance is entirely voluntary, is not guaranteed, and does not constitute an admission of fault, negligence, liability, or product defect by ZippyPaws.

Any offer of Goodwill Assistance is made on a case-by-case basis and does not create an obligation to offer similar assistance in any other case, nor does it create a precedent or course of dealing.

To be considered for Goodwill Assistance, you must: (a) contact us at zippy@zippypaws.com within 30 days of the veterinary visit; (b) provide itemized veterinary invoices and records documenting the nature of the health event; (c) retain and make available upon request the product and/or packaging involved; and (d) execute a written release of all claims against ZippyPaws arising from or related to the incident as a condition of receiving any assistance.

Goodwill Assistance, if offered, will not exceed the documented and reasonable veterinary costs directly related to the adverse event, as determined by ZippyPaws in its sole discretion. ZippyPaws is not responsible for speculative, consequential, or ongoing veterinary costs. Goodwill Assistance does not cover costs arising from pre-existing conditions, failure to follow product instructions, use of the product with a pet for which it was not intended, or failure to discontinue use of a damaged product.

Receiving Goodwill Assistance does not affect your rights under applicable consumer protection laws, except that acceptance of assistance and execution of a release will resolve the specific claims covered by that release. Nothing in this Section overrides the Limitation of Liability in Section 10 or the Disclaimer in Section 9.

These Terms constitute the entire agreement between you and ZippyPaws regarding use of the Site.

If any provision is found unenforceable, the remaining provisions remain in effect.

Our failure to enforce any provision does not constitute a waiver.

You may not assign your rights under these Terms without our prior written consent. ZippyPaws may assign its rights and obligations under these Terms without restriction.

These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship between you and ZippyPaws.

Sections that by their nature should survive termination of these Terms shall survive, including but not limited to: User Content (Section 6), Disclaimers (Section 9), Limitation of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 12), and Governing Law (Section 14).

ZippyPaws is committed to making the Site accessible to users with disabilities. If you experience difficulty accessing any part of the Site, please contact us at zippy@zippypaws.com and we will make reasonable efforts to provide assistance or an accessible alternative.

If you have questions regarding these Terms, please contact us at:

ZippyPaws (Bencoo, Inc.)
5548 Daniels St.
Chino, CA 91710

(909) 606-6094
zippy@zippypaws.com