Terms of Service

Acceptance of Terms

Welcome to Woodoo Box, a service that allows customers (“you” or “your”) to purchase or subscribe a box of canine-related products customized for your dog. The Woodoo Box website and services are provided by Woodoo LLC.(“Woodoo Box”, “we” “us” or “our”).  By using our website, subscribing to our services or purchasing our products, you indicate your unconditional acceptance of the following Terms and Conditions (“Terms of Service”) and the Woodoo Box Privacy Policy available on the Website. Please read them carefully, as they may have changed since your last visit. These terms and conditions apply to all users, visitors, subscribers, and any other individual partaking in the use of this site. Any new features, services or tools which are added to the current website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with the Services. If you are accessing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. The Services are intended for use solely in the United States.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Availability and Modifications to Products and Services

We may alter, suspend, or discontinue this website or the services in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Prices for our products are subject to change without notice.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Membership Registration and Information

In order to purchase products from us, you must register as a member on our website, wether you are making one-time purchase or subscribing. To register, you need to provide us the information about your dog by answering profile questions, as well as your shipping and billing information, your email address and password. All information you provide us is subject to Woodoo Box's Privacy Policy. The services we provide to you are based on the information you provide in your online account. Therefore, you are responsible for keep them up to date.

Email Newsletters

Once you register as a member of Woodoo Box. We will send you transaction emails regarding your purchase, subscription and shipping. We may also send you emails promoting our products or services, as well as monthly newsletter. You may opt-out from receiving promotions or newsletters, but you cannot opt-out from transaction emails.

Billing

The payments of the Services and/or goods are due in full before shipment. If you select one-time purchase, you will be charged one time only until you make another purchase. If you select one of the subscription plans, You will automatically be charged every two week, every month, every two months, or every three months for your ongoing subscription, depending on which plan you select. If you cancel the subscription plan, you will not be charged again for the same subscription.

Payment Methods

We accept all major credit cards and debit cards, as well as Paypal. If your card is declined, we will NOT retry the failed payment and we will cancel your purchase or subscription right away. We encourage you to constantly update your payment method information.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Woodoo Box the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Woodoo Box will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Shipping and Package Tracking

We only ship to the 50 states and District of Columbia in the United States. Sometimes packages to Alaska or Hawaii may be delayed. Once the package is shipped, you will receive email with the package tracking link. If the package is lost or damaged, you must notify Woodoo Box within 30 days of the date of your purchase.

Replacement of products or refunds to your account for shipped packages claimed as not received are subject to our investigation. Repeated claims of unreceived packages may result in the termination of your membership.

Returns and Exchanges

We don't accept returns and exchanges. We offer 15-day free replacement for any products your dog doesn't like, therefore, if you notify us you want the replacement within 15 days after you receive the products, you can keep or donate the unwanted items.

Free Replacement

We offer 15-day free replacement for any items your dog doesn't like. To receive free replacement, you must send us the pictures or names of the products you want to replace within 15 days after you receive the products. For replacement shipments, each customer is allowed to have one replacement shipment per box and we are happy to replace as many products as necessary in the per shipment per box.

Replacement products are not covered by our guarantee and are not replaceable.

Repeated replacement requests may result in the termination of your membership.

Sales Tax

You may be charged sales tax in certain states, such as California.

International Access

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

Order restrictions and cancellation

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Cancellation

You may cancel your subscriptions anytime in your online. Your auto renew will be stopped and you will not be charged again or receive any more boxes for the cancelled subscription. If at the moment when you cancel, you have boxes already paid for and already shipped, we are unable to refund you for these boxes.

Fulfillment

We provide extensive level of customization for your box. However we cannot guarantee we will be able to fulfill your box due to various reasons such as excessive restrictions you add to your dog's profile.

Indemnity

You agree to indemnify and hold Woodoo Box, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Woodoo Box by any third party due to or arising out of or in connection with your use of the Site.

Intellectual Property Rights

Unless otherwise noted, all content contained on this website is the property of Woodoo Box and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

Infringement and Reporting User Content

Woodoo Box respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, you may request that they be remove.  If Woodoo Box is notified by a copyright holder, that any Content infringes a copyright, Woodoo Box may in its sole discretion remove such Content from the Service, or take other steps that Woodoo Box deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Woodoo Box with a request to restore the removed content, which Woodoo Box may or may not honor, in Woodoo Box's sole discretion.

Security

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Woodoo Box immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Woodoo Box or any other user of or visitor to the Site due to someone else using your email, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s email, password or account at any time without the express permission and consent of the holder of that email, password or account. Woodoo Box cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE WOODOO BOX SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WOODOO BOX AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WOODOO BOX NOR ANY OWNER OF CONTENT WARRANTS THAT THE WOODOO BOX SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WOODOO BOX MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WOODOO BOX SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WOODOO BOX IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM WOODOO BOX SHALL CREATE ANY WARRANTY ON BEHALF OF WOODOO BOX. WHILE USING THE WOODOO BOX'S SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation of Liability

Any and all products sent from Woodoo Box to you are directly your responsibility upon receipt of your product. Any damage or harm done to your pets from products distributed to you are not our responsibility. Our products are to be used under supervision at all times. You are ultimately liable for the health and well-being of your pets. Any harm done to your pets from a Woodoo Box product is not our liability, and solely the liability of you, the consumer.

Exclusions

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Privacy

Woodoo Box’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Woodoo Box’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Jurisdictional Issues

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate your membership or access to our website or services, for any reason and at any time, with or without prior notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account. And you will remain liable for all amounts due up to and including the date of termination.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Enforcement

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Los Angeles, CA, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.

Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Woodoo Box or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Woodoo Box’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Woodoo Box, the Agreements constitute all the terms and conditions agreed upon between you and Woodoo Box and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Please note, however, that certain aspects of your use of the Woodoo Box Service may be governed by additional agreements. That could include, for example, access to the Woodoo Box Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Contact Us

If you have any questions about these Terms and Conditions, please contact bark@woodoobox.com