Effective Date: October 15, 2026 Version: 1.0 Applies to: All recipients of Company marketing communications, and all Sellers who hold Buyer contact information obtained through the Platform.
Article 1: Introduction and Scope
1.1 This document governs marketing communications sent by the Company in every channel, including email, text message, and push notification, and states the use a Seller may and may not make of Buyer contact information obtained through the Platform. Email marketing under this document complies with the CAN-SPAM Act, 15 U.S.C. § 7701 et seq. Transactional messages are governed by the Electronic Communications Consent and are not marketing under this document; text message marketing is also governed by the Text Message Program Terms.
1.2 If a provision of this document conflicts with the Terms of Use, this document controls for the marketing subject it governs. If a provision of this document conflicts with the terms of a program in which a party participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails, except as the preceding sentences provide.
Article 2: Definitions
2.1 In this document Account: the account a person or business establishes with the Company to use the Platform.
Buyer: a person who purchases Products or Services through the Platform.
Company: All About Pawz, LLC, a Tennessee limited liability company.
Marketing Communication: a communication whose primary purpose is the commercial advertisement or promotion of a Product, a Service, or the Platform.
Order: a Buyer's purchase of Products or Services through the Platform, accepted in accordance with the Order Formation and Acceptance Policy.
Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
Products: goods offered for sale through the Platform.
Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
Site: aapawz.com and its subdomains.
Transactional Message: a communication defined in the Electronic Communications Consent, sent because the recipient transacted or holds an Account.
User: any person who accesses or uses the Platform, whether or not the person holds an Account, and, for a Seller duty in this document, the Seller.
Article 3: Consent Basis
3.1 The Company sends a Marketing Communication only on the basis of the recipient's consent or an existing business relationship with the recipient, as applicable law permits for the channel. The Company records the basis on which each recipient receives marketing, per channel and per program where programs exist.
3.2 Consent is channel-specific. Withdrawal of consent for email marketing does not withdraw consent for text marketing; each channel stands on its own record, as the Electronic Communications Consent provides.
3.3 The Company shall not purchase an email list, shall not harvest an address, and shall not send marketing to an address obtained without consent or a business relationship.
Article 4: Email Marketing Requirements
4.1 Each marketing email the Company sends satisfies each of the following requirements (a) Accurate headers. The From, To, Reply-To, and routing information are accurate and not deceptive. The Company uses no spoofed sender and no misleading reply path.
(b) Honest subject. The subject line reflects the contents of the message. A subject line that presents a promotional message as a Transactional Message is deceptive and is prohibited.
(c) Identification as advertising. Where the law requires, the message is clearly identified as an advertisement.
(d) Postal address. The message carries a valid physical postal address of the Company.
(e) Functioning opt-out. The message carries a clear mechanism by which the recipient opts out of future marketing email. The mechanism requires no login and no information beyond the opt-out election itself, and the mechanism functions; a mechanism that fails silently is not a mechanism.
4.2 Opt-out period. The Company honors an opt-out request within ten (10) business days of receipt. Suppression is applied promptly on receipt in the ordinary course; the ten (10) business days are the outside limit, not the target.
4.3 Effect of an opt-out. An opt-out from marketing does not stop a Transactional Message. An Order confirmation is not marketing and is not subject to the marketing opt-out, because the confirmation is not marketing.
Article 5: Content Rules for Marketing
5.1 A Marketing Communication shall not misrepresent a price, availability, or a term of an offer. A price advertised in a Marketing Communication is an offer price to which the Pricing, Availability and Errors Policy applies; the communication is an extension of the offer, and the error rules in that policy apply to it.
5.2 The Company shall not knowingly direct a Marketing Communication to a minor. Marketing Communications are addressed to Account holders, who are adults under the Age and Minor Use Policy.
5.3 A Marketing Communication shall not present itself as a Transactional Message. A communication that promotes a Product or Service states that it promotes and carries the opt-out Article 4 requires.
Article 6: Personalization and Program Disclosures
6.1 Marketing personalization: including a recommendation based on purchase history, browsing behavior, or a pet profile: uses the Personal Information described in the Privacy Policy. Withdrawal from marketing stops the messages; the privacy controls in the Privacy Policy and the Cookie and Tracking Technology Policy govern the underlying data.
6.2 Where a loyalty or promotional program constitutes a financial incentive under applicable privacy law, the material terms: the categories of Personal Information implicated, the value of the incentive, and the means to opt in or withdraw: are disclosed at the program, in accordance with the Privacy Policy.
Article 7: Frequency and Preferences
7.1 The Company monitors marketing frequency per recipient and per program and maintains frequency limits so that marketing does not train a recipient to disregard the Transactional Messages that carry out the recipient's transactions.
7.2 The Company maintains a preference facility through which a recipient selects message types and cadence in place of an all-or-nothing election, where the program supports such a selection. An opt-out under Article 4 remains available regardless of preference settings.
Article 8: Seller Marketing: the Use of Buyer Contact Information
8.1 A Seller shall not use Buyer contact information obtained through the Platform for marketing outside the Platform. A Buyer's email address or telephone number provided for an Order is provided to fulfill that Order: not to build the Seller's mailing list, not to send a follow-up offer, and not for any other purpose.
8.2 Communication between a Buyer and a Seller takes place through the Platform, as the Selling Terms of Service further provides. A Seller who exports a Buyer contact obtained through the Platform for marketing commits a data misuse violation of this document and of the Acceptable Use Policy, and the Buyer whose information was misused holds a complaint under Article 11 that the Company shall determine on the records the Platform holds.
8.3 A Seller may market to a customer list the Seller acquired independently of the Platform, through the Seller's own systems. The boundary is the source of the contact: a contact the Seller brought to the Platform is the Seller's; a contact the Platform provided is held for the transaction only.
Article 9: Liability
9.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
9.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the User paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
9.3 Carve-outs. This article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts a party owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
9.4 Essential purpose. The parties agree that this article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 10: Indemnification
10.1 Duty. The User shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the User's breach of this document, including a Seller's misuse of Buyer contact information under Article 8; (b) the User's Products, Services, listings, or User Content; and (c) the User's violation of any law or of the rights of any person.
10.2 Procedure. The Company shall give prompt written notice of a claim under this article. The User shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The User shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent.
10.3 Survival. This article survives the termination of this document.
Article 11: Enforcement and Appeals
11.1 Investigation. The Company may investigate any suspected violation of this document. The User shall cooperate with an investigation and shall produce the records this document requires the User to keep, including consent records under Article 3.
11.2 Notice. If the Company determines that the User has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
11.3 Opportunity to cure. Where a violation is capable of cure, the User has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured.
11.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law.
11.5 Appeal. The User may appeal a measure under this article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing.
11.6 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 12: Term and Termination
12.1 Term. This document takes effect when the User first receives a Marketing Communication or first holds Buyer contact information obtained through the Platform, and continues until terminated under this article.
12.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the User materially breaches this document, engages in fraud, or becomes ineligible to participate.
12.3 Termination by the User. A recipient terminates receipt of marketing by the opt-out in Article 4 or, for text marketing, the opt-out in the Text Message Program Terms. The User may terminate this document on thirty (30) days' written notice to support@aapawz.com, or by closing the Account, provided the User has no Order, booking, or investigation outstanding.
12.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, refund, chargeback, record-keeping, and indemnification obligations: survive until satisfied; and (c) the Company shall pay amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
12.5 Survival. The Definitions, Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions articles survive termination.
Article 13: Dispute Resolution
13.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 14: General Provisions
14.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the User at the email address in the Account. An amendment that materially increases the User's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the User does not accept an amendment, the User's remedy is to terminate under Article 12 before the amendment takes effect.
14.2 Notices. Legal notices under this document shall be sent to legal@aapawz.com. Operational notices, opt-out and preference requests that the preference facility does not process, and all other communications shall be sent to support@aapawz.com. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. Notices to the User are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The User shall keep the email address in the Account current. DMCA notices are given as provided in the DMCA and Copyright Policy, to the designated agent at legal@aapawz.com.
14.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
14.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
14.5 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the User for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
14.6 Assignment. The User shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the User.
14.7 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
14.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party on the ground that the party prepared it. The English-language text controls over any translation.
Related articles