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Terms of Use

This website located at www.topshelfdog.com, including any subdomains of such website (collectively the “Site”), is operated by Top Shelf Dog LLC (“Top Shelf” or “we” or “us”) to provide you information about the products offered and sold by Top Shelf, as well as other information that may be of interest to you. We provide this Site subject to the terms and conditions contained in these Terms of Use. If you do not agree to abide by these Terms of Use, you are not authorized to use the Site. Your use of the Site constitutes your agreement, without limitation or qualification, to be bound by and to comply with these Terms of Use.

Use of the Site

The content provided through the Site is owned or licensed by Top Shelf, and is provided only for the purpose of understanding and evaluating the products offered and sold by Top Shelf. Specifically, the trademarks and service marks displayed on this Site are owned by Top Shelf or third parties and no right or license is granted to use them. Copying, redistributing, framing or publishing any of the content on this Site is prohibited without the express written consent of Top Shelf or the applicable owner of such content. All rights are hereby expressly reserved.

You agree not to use this Site for any disruptive, unlawful or abusive purpose or in any way which interferes with our ability to make the Site available to our customers, or damages our property. Additionally, you are not authorized to use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of this Site. You agree that your use of the Site is subject to all applicable local, state, national and international laws and regulations.

The Services (defined below) are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Top Shelf account, and (e) have full power and authority to enter into these Terms of Use and in so doing will not violate any other agreement to which you are a party.

Your Account

In order to obtain certain services from Top Shelf, including without limitation to make purchases of products (“Products”) on the Site (collectively the “Services”), you will need provide certain information, and you will keep that information up-to-date if it changes. You may be asked to provide your email address and create a password (a “Password”). Access to the Services is not authorized by any other person or entity using your email address and Password and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Top Shelf may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Services by persons using your email address and Password. Please notify us immediately if you become aware that your email address and Password are being used without authorization.

By creating a Top Shelf account or otherwise registering your information with Top Shelf, you also consent to receive electronic communications from Top Shelf (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Although it is Top Shelf’s intention for the Site to be available as much as possible, there will be occasions when the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Use of Personal Information

Please review our Privacy Policy and, if you are a California resident, our California Privacy Policy for information about the information we collect through the Site and how we use that information.

Terms of Sale.

Subscriptions. Top Shelf offers various subscription plans for the recurring delivery of our Products (each purchase of any such plan, a “Subscription”) and may offer add-on or one-time Products for sale. Our Product offerings and available Subscription plans are described on the Site at the time of purchase, and are subject to change at any time prior to purchase.

When you purchase a Subscription, you expressly acknowledge and agree that (1) Top Shelf and its third party payment processor are authorized to charge you on a regular basis for the price of your Subscription and/or the Products purchased through the Subscription, in addition to any applicable taxes and other charges set forth during the purchase process) for so long as your Subscription continues, and (2) your Subscription shall continue until you cancel it in accordance with these Terms of Use or we suspend or terminate the Subscription. The recurring charges, if any, for your Subscription and the overall terms of the Subscription will be specified during the Subscription purchase process. We may adjust such recurring charges from time to time in accordance with these Terms of Use. The amount that you are charged may also vary depending on the preferences that you select.

You may cancel your Subscription at any time prior to the order invoice date by emailing us at info@topshelfdog.com. If cancellation occurs after the invoice date, the cancellation request will be processed for the next scheduled invoice. You are responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order processed prior to the cancellation of your Subscription.

Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Top Shelf account, you can do so at any time by logging into your account and editing your payment information.

Pricing and Availability. All prices shown on the Site for Subscriptions, Products or other Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in the “Account” section above. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription(s) in accordance with the cancellation policy set forth in these Terms of Use.

Substitutions. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, entire shipments) without prior notice. We strive to provide you with high-quality Products, and given market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@topshelfdog.com.

Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by FedEx and UPS, however we reserve the right to use other shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.

Deliveries. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, use and consumption of the Products following delivery. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email info@topshelfdog.com immediately with any concerns (attaching photos). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery. .

No Resale. You are not permitted to resell or otherwise use the Products for commercial purposes.

Returns and Refunds.

Standard Return/Refund Policy. If you are not completely satisfied with any Product for good reason, please contact info@topshelfdog.com within seven (7) days of receipt. We will happily review your Order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next Order, or a partial/full refund. Since we are not able to physically access the Product, we may ask that you provide photos of the Product label and damage reported.

We guarantee delivery to the address provided when the Order is placed/shipped and when retrieved on the guaranteed delivery date.

When placing your Order, please enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly when the Order is placed, please email info@topshelfdog.com immediately for correction. Should your shipping address change, please update your address prior to the invoice date either via your account or by writing to info@topshelfdog.com. In the event an Order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.

Return/Refund Policy for Cancelled Orders. You are liable for any Orders placed or charges that incur prior to the cancellation request. If the request for cancellation is made after your Order has invoiced, the request will be processed for the next scheduled invoice.

Return/Refund Policy for Courier Damaged Products. We guarantee that your Order will arrive in great condition when delivered to the address on file and retrieved on the guaranteed delivery date. While we would love every delivery to arrive on time and without issue, delays or damage can occur once the package is in transit via the courier (UPS/FedEx/USPS) that are out of our control due to weather, accidents, etc. In the event of damage caused by improper handling or late delivery, we are happy to file a claim and replace the shipment. We ask that you please email info@topshelfdog.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage.

Return/Refund Policy for Damaged Products (not courier related). We guarantee that your Order will arrive in great condition when delivered to the address on file and retrieved on the guaranteed delivery date. In the unlikely event of damage, we ask that you please email info@topshelfdog.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the Order in the state it was received. We will happily review your Order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next Order, or a partial/full refund. Since we aren’t able to physically access the Product, we may ask that you provide photos of the Product label and damage reported.

Third Party Sites

This Site may contain links to other websites that are not owned or controlled by us. Please be aware that Top Shelf is not responsible for the policies or practices of such other websites. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the websites linked to this Site, you do so entirely at your own risk. Top Shelf will not be responsible for any interactions between you and the operators or other users of such websites, or any damages incurred by you as a result of your use of such websites. We encourage you to be aware when you leave our website and to read the terms of service of those third party websites to understand their practices. These Terms of Use only apply to this Site.

Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOUR PET MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR HAVING YOUR PET CONSUME SUCH PRODUCTS FURTHER. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE PACKAGED AND STORED IN FACILITIES THAT MAY HANDLE FOODS WITH ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE.

THIS SITE AND THE PRODUCTS OFFERED BY TOP SHELF ARE PROVIDED “AS IS” AND TOP SHELF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THIS SITE OR ANY PRODUCTS OFFERED BY TOP SHELF. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE WILL NOT BE RESPONSIBLE FOR ANY SITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE APPLICATIONS DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL VARIABILITY OF PRODUCTS, OR VARIABILITY OF PREPARATION METHODS. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability

IN NO EVENT SHALL TOP SHELF OR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE “COMPANY AFFILIATES” AND EACH A “COMPANY AFFILIATE”) BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY COMPANY AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF THE SITE OR ANY PRODUCTS BY TOP SHELF.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TOP SHELF AND THE COMPANY AFFILIATES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM TOP SHELF EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF INGREDIENTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE TOP SHELF’S AND THE OTHER COMPANY AFFILIATES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Governing Law; Jurisdiction and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to these Terms of Use shall be instituted only in a state or federal court sitting in Suffolk County, Massachusetts. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

General Information

We may change or modify these Terms of Use from time to time. You can review the most current version of these Terms of Use at any time at this Site. If we make any material changes to these Terms of Use, we will notify customers by email and/or by means of a prominent notice on the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Contact Information

If you have questions about these Terms of Use, please reach out to us at info@topshelfdog.com or 380 Washington Street, Second Floor, Wellesley, MA 02481.