Terms of Service

Terms of Service (U.S.)

Effective as of March 1, 2023

 

 

6ixpets, LLC and its subsidiaries and affiliates (“6ixpets“, “we“, “our“, or “us“) own and operate certain websites, mobile device applications, and other tools, technology, and programs (collectively, the “Platform“), as well as services associated with or made available through the Platform (collectively, the “Services“). These Terms of Service (“Terms“) govern your access to the Platform and Services and constitute a legal agreement between you and 6ixpets. So please read them carefully.

 

PLEASE REVIEW SECTION 19, TITLED THE “DISPUTE RESOLUTION”

CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW,

THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH 6IXPETS, NO

MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL

ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE

THAT YOU AND 6IXPETS EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THE PLATFORM AND SERVICES ARE FOR PERSONS 13 YEARS OF AGE (Retail

Partners must be 18 and over) AND OLDER. YOU MAY NOT USE OUR PLATFORM OR

SERVICES IF YOU ARE UNDER 13. YOU MAY NOT PURCHASE FOR, PICK-UP FOR, RECEIVE OR SEND A DELIVERY OR SHIPMENT TO ANYONE UNDER 13. DO NOT SEND US INFORMATION ABOUT ANYONE UNDER 13.

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with 6ixpets if you are a Retailer (defined below), advertiser, or other company with which we partner.

1. Shopping with 6ixpets

6ixpets does not sell, offer to sell or solicit sales of pet: our Services enable you to search online for pet and other products available for sale by licensed pet retailers that have agreed to use

6ixpets’s Platform (“Retailers“). The Services are not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler, or distributor of animals to any retailer of animals or to facilitate any improper exclusionary practices by any animal licensee. When you search for a product, the Services show you its availability, price and other information based on your location and information provided by the Retailers that service your location; if you prefer, you may sort and filter results based on search criteria. Our Services may be limited or not available at all in some locations due to local law or other restrictions. 6ixpets may charge you a Service Fee when you place an order. Any Service Fee will be disclosed to you before you finalize your order and will be charged to you in addition to the purchase amount and any required taxes. When you place an order through the Platform, it is an offer to purchase from a Retailer. The total purchase amount (plus any additional Service Fee and required taxes) may be authorized by your payment card company, but your offer is not accepted by the Retailer at that time. The Retailer reviews your order and decides whether to accept it. If the Retailer decides to accept your order, they will charge your payment card for the purchase amount (plus any additional Service Fee) and arrange for the delivery, pick-up, or shipment.

6ixpets is not a delivery company or a common carrier. The delivery of your order will be facilitated by the Retailer or a delivery service utilized by the Retailer. 6ixpets does not employ, select, or supervise any delivery drivers. 6ixpets does not guarantee shipping or delivery times and is not liable for the actions, omissions, products, or content of Retailers or any delivery driver or service.  Air delivery of any pet is at your own risk. However, 6ixpets may in coordination with third party firm provide pet liability insurance.

2. Account registration

You will be required to register an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services. Additionally, you must update your account information to keep it accurate, current, and complete.

You are the sole authorized user of any account you create and responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by any person under the age of 13, (21 years of age for Retail Partners), and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify 6ixpets’s Customer Experience Team by clicking here or sending an email to support@6ixpets.com.

 

6ixpets will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by 6ixpets or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or 6ixpets has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, 6ixpets has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 6ixpets may also suspend or terminate your account if, in its sole discretion, it believes: (a) you have violated these Terms; (b) you have violated any applicable law in connection with your use of the Platform or Services; (c) your continued use of the Platform or Services may endanger your health and safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any 6ixpets employee, Retail Partner, or delivery driver. You agree not to create an account or use

the Services if you have been previously removed by 6ixpets, or if you have been previously banned from use of the Services.

The information you provide must be accurate and complete, and you must keep it current. Use your legal name and actual date of birth on all accounts and orders you create, or your order may be declined

If you wish to deactivate your account for any reason, send a request to our Customer Experience Team. If your account has been deactivated. 6ixpets may, but is not obligated to, reactivate your account upon written request to its Customer Experience Team.

3. Privacy and data

By accessing the Platform, using the Services, or registering for an account, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Notice, available at https://6ixpets.com/privacy/.

4. Restrictions on use

You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services except as expressly permitted by 6ixpets; (c) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Platform; (e) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services; or (f) attempt to gain unauthorized access to or impair any aspect of the Platform, Services, or their related systems or networks.

5. Prices, taxes, and fees

Retailers set the price of their products on 6ixpets, and Retailers and their delivery providers may charge you additional fees such as a Delivery Fee, Shipping Fee, Redelivery Fee, and Restocking Fee as described in these Terms. Your order, including a Delivery Fee, may be subject to tax. The amount of the tax depends on things like the products ordered, delivery location, and the legal obligations of the Retailer.

6ixpets reserves the right to charge a Service Fee for 6ixpets’s administrative costs. If a Service Fee is charged by 6ixpets you will be made aware of any such Service Fee and such fee will be collected by 6ixpets.

In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, 6ixpets reserves the right to initiate an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by 6ixpets’s designated payment processor, using the preferred payment method designated in your account. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.

6. Returns, refunds, and exchanges

Retailers and the laws in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted or damaged product for a refund or credit, or exchange it for something else. In some states, you can exchange a product you bought (or received as a gift) if you want something else. 6ixpets makes no representations concerning your ability to return a product.

7. Promotional and referral codes

6ixpets and Retailers, at their sole discretion, may make promotional offers available to you. You agree that promotional offers: (a) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by 6ixpets; (c) are subject to the specific terms that 6ixpets and Retailers establish for such promotional offer; (d) cannot be redeemed for cash or cash equivalent; and (e) are not valid for use after the date indicated in the offer or one year.

6ixpets and Retailers reserve the right to modify or cancel an offer at any time. If you attempt to evade restrictions on offer redemption, 6ixpets and Retailers may decline to redeem your code.

8. Changes to orders

If you wish to change your order for any reason after it has been placed, you may contact our Customer Experience Team, but we cannot guarantee that your changes will be accepted by the Retailer. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).

9. ID verification; other safety checks

It is the responsibility of the Retailer and any delivery provider they use to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with pet. They may require a valid form of photo identification with birthdate and a signed

acknowledgment confirming acceptance at the time of pick-up or delivery. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate, they may refuse to furnish you with pet.

Pet cannot be left unattended—someone 21 or older must be present to accept and sign for it. If a Retailer is unable to deliver your product for this or a similar reason, the Retailer may charge a restocking fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to a Redelivery Fee (see Section 10b).

If we believe that your order is fraudulent or unlawful, we may alert the Retailer and suspend your use of the Platform.

10. Retailer right to refuse

a. Retailer right to refuse, cancel and adjust orders

 

 

A Retailer may refuse, cancel or adjust your order for any reason. If the product you want is not available, the Retailer will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.

Some Retailers limit where they deliver (for example, some Retailers will not deliver to hotels and restaurants). If a Retailer policy prohibits delivery to your address, the Retailer will notify you, cancel your order and issue a refund.

Sometimes the law requires Retailers to limit the number or type of product(s) in your order. If this happens, the Retailer will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.

 

b. Retailer right to refuse multiple delivery attempts and charge a Restocking and Redelivery Fee

 

 

A Retailer or their delivery provider may refuse to deliver your order if they believe that furnishing pet to you or the person accepting the delivery on your behalf is illegal, unsafe or inappropriate. If a delivery cannot be made for this or any other reason, you may be charged a Restocking Fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to a Redelivery Fee.

11. Errors

Sometimes product information—such as images, descriptions, availability, pricing and reviews—contains errors. If a Retailer identifies such an error, they will notify you and either offer a reasonable substitute or refund your money. If you accept the substitute, the order total will be adjusted accordingly.

If you receive a product that is not as described (or that you did not order), your sole remedy is to notify the Retailer and the Retailer will in its sole discretion either allow you to return the unused product (within the time period specified by the Retailer) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly.

12. Gift orders

When you send a gift order, provide the full name, email address, delivery address and phone number of the gift recipient. If you choose to keep the gift a surprise, we will not inform your gift recipient of the order, and you assume the risk that they will not be present to receive the order, including any Redelivery Fees. If you choose to notify your gift recipient of the gift, they will receive a message informing them of their gift and have the opportunity to schedule the delivery or pick the gift order up from the Retailer (the name of the Retailer will be shown on the gift order notice). If permitted by the Retailer, the gift recipient can also designate someone to pick up or receive the gift on their behalf.

Your gift recipient or their designate may be required to present a valid form of photo identification with birth date and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. As with any order, a Retailer (or their delivery provider) may refuse or cancel a gift order or delivery for any reason.

13. Platform ownership, license, and access

The Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the “Content“) is owned by or licensed to 6ixpets. The Platform and the Content are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to 6ixpets We grant you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Platform. You may use the Platform only as permitted by these Terms and law. All rights not expressly granted in these Terms are reserved. You may not resell or otherwise make commercial use of the Platform, the Content, or the Services; collect and use any product listings, descriptions, or prices; make any derivative use of the Platform, the Content, or the Services; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Platform. This license will terminate if you do not comply with these Terms.

14. User content

a. User content

 

 

6ixpets may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to 6ixpets textual, audio, and/or visual content and information, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to 6ixpets, you grant 6ixpets a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and 6ixpets’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant 6ixpets the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor 6ixpets’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by 6ixpets in its sole discretion, whether or not such material may be protected by law. 6ixpets may, but shall not be obligated to, review, monitor, and remove User Content, at 6ixpets’s sole discretion and at any time and for any reason, without notice to you.

 

b. Retailer and product reviews

 

 

You may be asked to rate and post reviews of Retailers or products (“Reviews“), which will be considered User Content. Reviews are not endorsed by 6ixpets and do not represent the views of 6ixpets. 6ixpets shall have no liability for Reviews or for any claims for economic loss resulting from such Reviews. Because we strive to maintain a high level of integrity with respect to Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Review on first-hand experience with the Retailer or product; (ii) you will not provide a Review for any Retailer or product for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Review in exchange for payment, free food items, or other benefits from a Retailer or product; (iv) any Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Review will comply with these Terms. If we determine, in our sole discretion, that any Review could diminish the integrity of the Reviews or otherwise violates these Terms, we may remove such Reviews without notice.

15. Copyright dispute policy

Please review our Copyright Dispute Policy to report potentially infringing content to us.

16. Communications and text messages

When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and 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.

Your voluntary provision to 6ixpets of your cell phone number represents your consent that 6ixpets, Retailers with which you place an order, delivery drivers, and delivery services may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to 6ixpets, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from 6ixpets at any time. To revoke your consent to receiving SMS or MMS messages from 6ixpets, you must reply “STOP” from the mobile device receiving the messages.

If you unsubscribe from receiving text messages from 6ixpets, you may continue to receive text messages for a short period while 6ixpets processes your request(s). If you change or deactivate the phone number you provided to 6ixpets, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive

6ixpets’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.

17. App stores

You acknowledge and agree that the availability of the Platform may be dependent on the third party from which you download the 6ixpets app, e.g., the Apple iPhone or Android app stores (“App Store“). You acknowledge and agree that these Terms are between you and 6ixpets and not with the App Store and that 6ixpets is responsible for the provision of Services as described in these Terms. However, if you downloaded the 6ixpets app from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

18. Other third-party offerings

The Platform may be made available or accessed in connection with other third-party services and content (including advertising) that 6ixpets does not control. Once you click on a link to third party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. 6ixpets will not warn you that you have left the Platform or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third party websites and advertisements at your own risk as these are not part of the Services and are not controlled by 6ixpets. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. 6ixpets does not endorse such thirdparty services and content and in no event shall 6ixpets be responsible or liable for any products or services of such third party providers.

19. Dispute resolution

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

 

 

1. Informal dispute resolution procedure.

 

 

A dispute might arise between you and 6ixpets. If that happens, 6ixpets is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and 6ixpets, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: legal@6ixpets.com. For any dispute that 6ixpets initiates, we will send our written description of the dispute to the email address associated with your account. The written description must be on an individual basis and provide at least the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.

You and 6ixpets then agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after receipt of the written description of the dispute, you and 6ixpets agree to the further dispute resolution provisions below.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.

 

1. Mutual arbitration agreement.

 

 

You and 6ixpets agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including their formation, performance, and breach) or payments by or to 6ixpets, or that in any way relate to the provision or use of the Platform or Services, your relationship with 6ixpets, or any other dispute with 6ixpets, shall be resolved exclusively through binding arbitration in accordance with this Section 19 (the “Agreement“). This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of this Agreement. This Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects, and evidences a transaction involving interstate commerce. You and 6ixpets expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Section 19(b), the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are timebarred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action. For clarity, this “Dispute Resolution” provision does not alter, amend, or affect any of the rights or obligations of the parties to any 6ixpets Delivery Partner Agreement.

You and 6ixpets agree to submit to the personal jurisdiction of any federal or state court in Suffolk County, Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 19(c) below, if any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN

ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND

THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND

APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY

ACKNOWLEDGE AND AGREE THAT YOU AND 6IXPETS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

1. Class action and collective relief waiver.

 

 

YOU AND 6IXPETS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM

EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION 19(g) BELOW,

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE

ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR

CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY

ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE

ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). EXCEPT AS SET

OUT IN SECTION 19(g) BELOW, UNLESS BOTH YOU AND 6IXPETS

OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE

OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE

PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY

DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE

INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.

This Class Action and Collective Relief Waiver and the provisions in Section 19(g) are an essential part of this “Dispute Resolution” section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor 6ixpets may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator (or where applicable, JAMS) determine that either the Class Action and Collective Relief Waiver or the provisions in Section 19(g) are not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or 6ixpets from participating in a class-wide settlement of claims.

 

1. Arbitration rules.

 

 

The arbitration will be administered by JAMS and resolved before a single arbitrator. If JAMS is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Dispute Resolution” provision,

JAMS will administer the arbitration in accordance with the JAMS Streamlined

Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case applying the rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions. You can find the JAMS rules and procedures here at this link. The Applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr–rules–procedures/ or by calling JAMS at (800) 352-5267.

 

1. Initiating arbitration.

 

 

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims. A party who desires to initiate arbitration must deliver to JAMS and the other party a demand for arbitration which satisfies the following requirements: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration (if you are seeking arbitration, you must provide the email address associated with your 6ixpets account); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and a good-faith calculation of the amount in controversy (requests for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the party’s original signature; and (5) the party’s portion of the applicable filing fee. If the party seeking arbitration is represented by counsel, the demand for arbitration must also include counsel’s name, firm, telephone number, mailing address, email address, and original signature.

If you are initiating arbitration, hard-copy service of the demand to 6ixpets shall be made in accordance with JAMS’s rules and procedures to the following address: 6ixpets, LLC, Attn: Legal, 177 Huntington Ave Ste. 1703, PMB 81709, Boston, MA 02115-3153, and a copy of the same shall also be emailed to legal@6ixpets.com. If 6ixpets is initiating arbitration, it will serve a copy of the demand to the email address associated with your 6ixpets account, as well as in hard copy if 6ixpets knows your mailing address. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. Where a party is represented by counsel, counsel’s signature on the demand for arbitration or any other paper submitted to JAMS or the arbitrator constitutes a certification that such paper complies with the standard set forth in Federal Rule of Civil Procedure 11(b). The arbitrator has the right to impose sanctions in accordance with the JAMS rules and procedures for any claims or submissions the arbitrator determines to violate such standard, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement.

 

1. Arbitration location and procedure.

 

 

Unless you and 6ixpets otherwise agree, if you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Suffolk County, Commonwealth of Massachusetts, United States of America. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and 6ixpets submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable JAMS rules and procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited, cost-efficient nature of the arbitration. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and 6ixpets, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

 

1. Batch arbitration.

 

 

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section 19(d) if JAMS is unavailable) against 6ixpets within reasonably close proximity, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with 6ixpets and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. 6ixpets does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section 19(g).

 

1. Arbitrator’s decision.

 

 

The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator’s award of damages and/or other relief must be consistent with section 19(c) above and also must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

 

1.  

 

 

Pursuant to the applicable JAMS Rules and Consumer Arbitration Minimum Standards, you will be required to pay $250 to initiate an arbitration against 6ixpets. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require 6ixpets to pay the portion of that fee that exceeds the cost of filing suit. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, 6ixpets will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorneys’ fees in certain cases.

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate (including as specified in Section 19(g)), provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

 

1. Right to opt-out of arbitration.

 

 

6ixpets’s updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you agreed to a previous version of the Terms and did not validly opt out of arbitration. 6ixpets will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms. If you create a 6ixpets account for the first time on or after May 1,2023 you may opt out of arbitration. To opt out, you must notify 6ixpets in writing no later than 30 days after first becoming subject to the Dispute Resolution provisions of these Terms. Your notice must include your full name, mailing address, the email address associated with your 6ixpets account, a clear statement that you want to opt out of this Mutual Arbitration Agreement, and your original signature. The notice cannot be signed by your attorney, agent, or other representative, and you may only opt out on behalf of yourself individually. You must send your opt-out notice by U.S. Postal Service certified mail to 6ixpets, Inc, Attn: Legal, 104-60 Queens Blvd, Ste 6E, Forest Hills, NY  11375.

If you opt out of this 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 have entered into with 6ixpets or may enter into in the future with 6ixpets. If you do not timely opt out of this Agreement, such action shall constitute mutual acceptance of the terms of this Agreement by you and 6ixpets.

 

1.  

 

 

6ixpets will provide 30 days’ notice of any changes to this “Dispute Resolution” section, but any such changes will not apply to any individual claim(s) of which 6ixpets already has actual notice. If 6ixpets changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing 6ixpets written notice of such rejection by certified mail to: 6ixpets, LLC, Attn: Legal, 104-60 Queens Blvd, Ste 6E, Forest Hills, NY  11375, or by email from the email address associated with your account to: legal@6ixpets.com, within 30 days of the date such change became effective, as indicated in the “Effective” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. If you reject changes pursuant to this paragraph and were already bound by an existing agreement to arbitrate disputes under a previous version of the Terms, then that existing arbitration agreement shall remain in full force and effect.

20. Disclaimer of warranties

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

6IXPETS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS,

IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS,

INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, 6IXPETS MAKES

NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE

RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE

PLATFORM AND SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM AND SERVICES, OR THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

6IXPETS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR

ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING

OUT OF YOUR USE OF THE PLATFORM OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

6IXPETS DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY

PROVIDERS INCLUDING RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF 6IXPETS.

6IXPETS DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY

USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM OR SERVICES. 6IXPETS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SERVICES, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

21. Limitation of liability

6IXPETS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST

PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO,

IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE

PLATFORM OR SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF 6IXPETS, EVEN IF 6IXPETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6IXPETS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES

ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR

SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES;

OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD

PARTY PROVIDER, EVEN IF 6IXPETS HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. 6IXPETS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN

PERFORMANCE RESULTING FROM CAUSES BEYOND 6IXPETS’S REASONABLE

CONTROL. YOU ACKNOWLEDGE THAT RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF 6IXPETS.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO

LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE

EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF

LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR

JURISDICTIONS, 6IXPETS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON 6IXPETS’S CHOICE OF LAW PROVISION SET FORTH BELOW.

22. Indemnification

You agree to indemnify and hold 6ixpets and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (a) your use of the Platform and Services or goods obtained through your use of the Platform and Services; (b) your breach or violation of any of these Terms; (c) 6ixpets’s use of your User Content; or (d) your violation of the rights of any third party, including Retailers, delivery services, and delivery drivers.

23. Applicable law

The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state and federal courts located in the State of Delaware shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.

You must comply with any local, state or national laws applicable to your use of the Platform and Services, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of pet beverages. You must comply with all applicable U.S. or other export and re-export restrictions.

24. Notice

Where 6ixpets requires that you provide an e-mail address, you are responsible for providing 6ixpets with your most current e-mail address. In the event that the last e-mail address you provided to 6ixpets is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, 6ixpets’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to 6ixpets by sending an email to legal@6ixpets.com. Such notice shall be deemed given on the next business day after such email is actually received by 6ixpets.

25. Other terms

You may not assign these Terms without 6ixpets’s prior written approval. 6ixpets may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of 6ixpets’s equity, business or assets; or (c) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, 6ixpets or any third party as a result of these Terms or use of the Platform and Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. 6ixpets’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 6ixpets in writing.

26. Updates

6ixpets may make changes to these Terms from time to time. If 6ixpets makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform, or updating the date at the top of these Terms. Unless 6ixpets says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Platforms after 6ixpets provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Platform.

Adopted: May 1, 2023

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Privacy Policy

Privacy Notice                                  

Using your personal data in a fair and transparent way is important to 6ixpets, Inc (“6ixpets”, “we”, or “us”). When you use our desktop or mobile websites and applications (the “Platform”), we may collect information about you, including information that can be used to identify you (“Personal Information”). Additionally, we may obtain Personal Information about you from third parties as described in this Privacy Notice. We collect this data to provide allow you to place orders and access other functionality on the Platform (the “Services”), as well as for the other purposes described in this Privacy Notice.

This Privacy Notice is intended to help you understand: (A) What Personal Information we collect, how we collect it, how we use it, and how we share it, (B) The choices you have related to your Personal Information, and (C) How we protect your Personal Information.

Please take a moment to review the terms of this Privacy Notice, which is incorporated into the Terms of Service governing your use of the Platform and Services, available for U.S. users below.

By accessing the Platform or using the Services, you agree that we may collect, process, and share your information (including Personal Information) consistent with this Privacy Notice and to the Terms of Service.

1. Types of Information We Collect

The following information is collected by or on behalf of 6ixpets

1. Account Information

When you register for our Platform or use our Services, we may ask that you provide information that can be used to personally identify you. This may include details such your name, phone number, date of birth, login credentials, delivery address, and certain payment information (i.e., payment card type, last 4 digits and expiration date), as well as numbers, usernames, or other identifiers that are assigned uniquely to you

1. Other Information

Based on how you interact with the Platform, we may also collect information about your spending habits, preferences, and demographic information.

1. Usage Information

We may collect certain information automatically when you visit the Platform from your browser or by using cookies, as described below. This “Usage Information” may include

1. • Your browser type and operating system
   • Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area
   • Geolocation information
   • Other unique identifiers, including mobile device identification numbers
   • Websites you visited before and after visiting the Platform
   • Pages you view and links you click on within the Platform
   • Information collected through cookies, web beacons, and other technologies
   • Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were opened or forwarded
   • Standard server log information

We may combine Usage Information with your Personal Information. If we do so, we will treat the combined information as Personal Information under this Privacy Notice

2. How We Collect Information

We may collect information from you in the following ways:

1. From You Directly

We receive Personal Information directly from you when you provide it to us, such as when you register for the Platform or place an order. Additionally, you may be required to provide Personal Information when you contact us for support or with question so that we can respond appropriately.

1. Through Technology

We (or our vendors and partners) may use automated means to collect information about you and the device that you use to access the Platform. These automated means include technologies such as cookies, web beacons, and similar technologies (described in more detail below). These technologies help us analyze trends, administer the Services, track your interaction with the Platform, understand your preferences habits, and gather Other Information. They also allow us to provide you with recommendations and content that are tailored to you.

1. Cookies

Our Platform utilizes cookies, web beacons and mobile application software development kits (“SDKs”) (collectively, “Tracking Technologies”) to gather information about you. Cookies are small text files that websites send to your device to uniquely identify your browser or to store information or settings on your device. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your device such as cookies, the time and date a page is viewed, a description of the page where the web beacon is placed, and when you open or click on links in our emails.

An SDK is a third-party computer code that allows our third-party service providers or partners to collect information about your use of our mobile apps for a variety of purposes, including to provide us with analytics, to integrate with social media platforms, to add features or functionality to our app, or to facilitate online advertising.

We use Tracking Technologies to administer the Services, including without limitation to:

1. • Authenticate Users
   • Remember your preferences and settings
   • Customize the content provided to you
   • Determine the popularity of the pets or pages
   • Deliver and measure the effectiveness of advertisements or advertising campaigns
   • Improve our internal operations and the content of our Platform

We also may allow our partners to utilize Tracking Technologies on our Platform. Tracking Technologies utilized by these partners may be used to gather information about how you use with Platform, interact with advertisements, and your purchasing habits.

To learn more about cookies and similar Tracking Technologies, and how they can affect your privacy, visit www.allaboutcookies.org.

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Your choices regarding Tracking Technologies are described in the Your Choices section below.

1. Interest-Based Advertising

We (or our partners) may use the information we collect through Tracking Technologies, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers). Specifically, this information may be used to tailor content and features presented to you and provide you with a seamless experience across devices. We may also use cross-device targeting to help identify you and serve advertising. If you wish to opt-out of cross device tracking for purposes of interest- based advertising, you may do so through your device settings. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

You can learn more about interest-based advertising and how to opt-out of receiving certain tailored advertising by visiting (1) the Network Advertising Initiative’s Consumer Opt-Out link or (2) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt-out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

3. How We Use Your Information

We may use information that we collect from you for the following purposes, or as otherwise identified at the time of collection:

1. Providing and Improving the Services

We may use Personal Information that we collect through your use of the Platform and Services to:

1. • Fulfill your orders
   • Administer and manage your account
   • Authenticate your identity
   • Provide you with content, including, without limitation, generating recommendations
   • Administer any contest or promotions, including winner notification and prize delivery
   • Resolve your customer service questions and requests
   • Deliver the pet recommendations or advertising
   • Improve the Platform and Services

 

1. Communicate with You

We may use your Personal Information to communicate with you. For example, we may send you text messages or other notifications (such as “push notifications” through your mobile device) about the status of your orders and deliveries. If you have registered for the Platform, we may also email you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt- out” of receiving future email marketing communications.

1. Data Aggregation

Additionally, we may use your Personal Information to create aggregated data records (collectively “Aggregate Data”). Some of this Aggregate Data is anonymous and/or de-identified. We anonymize and de-identify data by removing information (including any contact information) that would allow the remaining data to be linked back to you. We may use the Aggregate Data for internal purposes, such as analyzing patterns, program usage, demographic trends, and user behavior patterns and preferences to improve our Services and for other lawful purposes.

1. Compliance, Protection and Safety

We may use your Personal Information as we believe necessary to comply with any applicable laws, court orders, subpoenas; to respond to lawful requests by law enforcement, regulators, or government entities; to detect, prevent, investigate or combat possible crime, such as identity theft, or other fraudulent activity; to protect the security of our Platform and Services; to enforce or apply our online Terms of Service or other agreements; to protect our own rights or property or the rights, property, or safety of our users or others; and to investigate or address claims or disputes relating to the Services.

1. Analytics

We may use analytics, machine learning, and data models (“Analytics”) to support our data processing activities. Some of our Analytics rely upon Personal Information that we collect from you, your interactions and use of the Platform, and from third parties. Using this Personal Information, our Analytics allow us to tailor our Services to your specific needs and preferences, provide certain services to our partners, and develop new features.

4. How We Share and Disclose Your Information

We will only disclose Personal Information to the following entities, or as otherwise identified at the time of collection:

1. Retailers and Drivers

If you place an order using the Platform, we will share details about your identity with the retailers and drivers that will be fulfilling your order. Retailers and drivers will use this information to deliver the pet you request to the appropriate address and to verify the age and identification of the individual receiving the order

1. Delivery Services

In some cases, retailers may utilize third parties to deliver your order. We may share your Personal Information with these third parties as part of the Services

1. Other Users of the Platform

If you place a gift order, the individual receiving the gift may be notified that it was sent on your behalf. Additionally, if you write a review on the Platform, the name you provide at the time you post the review will be visible to all other Platform users.

1. Co-Branded Offerings

At certain times, we may provide you with access to deals, promotions, or opportunities (“Promotions”) in association with our partners. Such Promotions will identify the partner and indicate if they have a Privacy Notice that applies to their collection and use of your information. If you elect to register for the pets and/or services, communicate with these partners, or download their content or applications as part of a Promotion, you may be providing your information to both 6ixpets and the partner. If this is the case, we will provide disclosures as part of the Promotion. We are not responsible for our partner’s data practices and you should carefully review each partner’s Privacy Notices before participating in a Promotion that they are sponsoring.

1. Affiliates and Business Transfers

We may share your Personal Information with our parent company, subsidiaries, and affiliates for use consistent with this Privacy Notice.

Additionally, we may share your Personal Information in connection with, or during negotiations of, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or a portion of our business, assets or stock, including a bankruptcy or similar proceeding.

1. Service Providers

We provide data, including Personal Information, to vendors, consultants, research firms, and other service providers. These include:

1. • Payment processors and facilitators
   • Background check and identity verification providers
   • Cloud storage providers
   • Data analytics providers
   • Research partners, including those performing surveys or research projects in partnership with 6ixpets or on 6ixpets ’s behalf
   • Vendors that assist 6ixpets to enhance the safety and security of its apps
   • Consultants, lawyers, accountants, and other professional service providers
   • Insurance and financing partners

 

1. Corporate Clients

If a company (such as your employer) pays for your order or places an order on your behalf, we may share your Personal Information with that company so it can verify that you received your order.

1. Advertising Companies, Social Media Sites, and Brand Partners

We may provide your Personal Information to advertising companies (including marketing firms, audience analytics firms, advertising platforms, and consultants), social medial platforms, and brands that we partner with so that they (and 6ixpets) can better understand your purchasing habits and preferences. In some circumstances, we may also allow these companies to collect Personal Information directly from your browser or device through Tracking Technologies when you interact with our Platform. These companies may use the information we provide to determine how to direct advertisements and what individual or demographics to target, both on the Platform and elsewhere.

1. Compliance with Laws and Protection of Rights

We may disclose your Personal Information as we believe necessary to comply with any applicable laws, court orders, subpoenas; to respond to lawful requests by law enforcement, regulators, or government entities; to detect, prevent, investigate or combat possible crime, such as identity theft, or other fraudulent activity; to protect the security of our Platform and Services; to enforce or apply our online Terms of Service or other agreements; to protect our own rights or property or the rights, property, or safety of our users or others; and to investigate or address claims or disputes relating to the Services.

5. Communications with You

By registering for our Platform, you consent to receive communications from us. We may communicate with you via mail, text/SMS message, “push notifications” through your mobile device, and the Platform’s messaging functionality to share relevant information about the Platform, Services, and your orders. For details about our text/SMS practices, please review our Terms of Service. Additionally, we may send your promotional or marketing materials as described below.

1. Promotional Emails

If you have registered for the Platform, we may send you promotional emails about our Platform, Services, or other materials that we believe may be of interest to you.

1. Promotional “Push Notifications”

If you have registered for the Platform, we may send you promotional “push notifications” through your mobile device.

1. Unsubscribing

You may unsubscribe from promotional emails by clicking the link at the bottom of any promotional email, through your preferences on the Platform, or by contacting us at contactus@6ixpets.com.

You may choose not to receive promotional “push notifications” by adjusting the “Notifications” settings in 6ixpets mobile app or adjusting your device settings.

6. Your Choices

You may exercise control over your Personal Information in the following ways:

1. Previously Expressed Preferences

When you first register to use the Platform, you may set certain preferences as to how we use your Personal Information and communicate with you. If you are a Platform user, you may change those previously expressed preferences by visiting the “Profile & Settings” page once you are logged in.

1. Email communications

We include an “unsubscribe” link in each electronic newsletter or promotional e-mail we send you. If you no longer wish to receive such communications from us, please click that link and follow any additional instructions.

1. Tracking Technologies

Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. If you do not accept cookies, you may experience some inconvenience in your use of our Platform. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Platform.

You may opt out of receiving interest-based advertising on websites through members of the Digital Advertising Alliance by clicking here. You may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms linked above.

Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes

1. Updating and Correcting

If you are a registered Platform user, you have the ability to update or correct your Personal Information by accessing your profile page once you are logged in. If you are unable to make the necessary updates or corrections there, please contact us at contactus@6ixpets.com.

7. Notice to Users Outside the United States

6ixpets is based in the United States. Regardless of where you access the Platform or Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any Personal Information that we obtain about you will be stored in the United States where data protection laws may not be as protective as those applicable where you live. By using the Platform or Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.

8. Data Protection

1. In General

We maintain a number of administrative, physical, and technological measures to protect the confidentiality, privacy, and security of your Personal Information. These controls vary based on the nature of the information. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that Personal Information you provide will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.

1. Retention

We may retain Personal Information after we cease providing Services to you for the purpose of fraud monitoring, detection, and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, as required by our contractual commitments, and as otherwise mandated by applicable law. When we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

1. Data Deletion

Upon request from users for account termination, we promptly delete personal data associated with the user’s account, including profile information, purchase history, and communication records. However, certain data necessary for legal compliance or legitimate business purposes may be retained in accordance with applicable laws and regulations.

1. Data Security

We implement industry-standard security measures to protect user data from unauthorized access, loss, or alteration. This includes encryption, access controls, and regular security audits to ensure data protection.

If you have consented to receive marketing materials from us, we will retain your Personal Information for as long as we have your consent to send you marketing materials. You may withdraw this consent at any time following the instructions in this Privacy Notice. Additionally, we indefinitely retain data that is anonymized, de-identified, and/or aggregated in a manner that removes identifiable Personal Information from it.

9. External Websites

Our Platform and Services may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites, regardless of whether the link was provided by us or posted by a user on the Platform. 6ixpets does not monitor the content, safety, or suitability of such external websites. As such, this Privacy Notice only applies to information collected by us through the Services or on the Platform. We do not control and are not responsible for any use of your Personal Information by or through any third-party sites. By clicking a link to an external website, you assume the risk that Personal Information you provide on that website may be viewed or used by third parties. When visiting any website, it is in your best interest to review that site’s privacy notice and terms of service before providing any Personal Information.

10. Personal Information About Underage Users and Children

You must be at least thirteen (13) years of age to access the Platform or Services in the United States and Canada (the “Minimum Age” in that country). We do not knowingly request or collect Personal Information from any person under the Minimum Age. Per our terms, we require users to be at least 13 years old to sign up for 6ixpets. When people open our app to sign up for an account, we request their birthday. This is called an age screen. Those who are 13 years of age are prohibiting from signing up, and we restrict people who repeatedly try to enter different birthdays into the age screen. Although age screens are common in our industry, young people can — and often do — get around them by misrepresenting their age.  Understanding someone’s age on the internet is a complex challenge across our industry, and we already have various methods of finding and removing accounts used by people who misrepresent their age. For example, anyone can report an underage account to us. Our content reviewers are also trained to flag reported accounts that appear to be used by people who are underage. If these people are unable to prove they meet our minimum age requirements, we delete their accounts. While these are not new problems to solve, we will continue to invest in finding the right solutions. We need to keep people who are too young off of Facebook and Instagram, and we want to make sure that those who are old enough receive the appropriate experience for their age. 

11. Contact 6ixpets

If you have any questions about this Privacy Notice or our privacy practices, or would like to contact 6ixpets Privacy Officer, please send an email to contactus@6ixpets.com or by write to us at:

6ixpets, Inc.
Attn: Privacy Officer
104-60 Queens Blvd,
Suite 6E
Forest Hills, NY 11375

14. Updates

We may occasionally update this Privacy Notice. If we make material changes, we will notify users by updating the “last updated” date at the top of this Privacy Notice. Your continued use of our Platform or Services after we have posted the revised Privacy Notice constitutes your agreement to be bound by the revised Privacy Notice to the extent permitted by law.

Adopted: May 1, 2023

 

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