Effective Date: October 15, 2026 Version: 1.0 Applies to: All persons who hold an Account or place an Order through the Platform.
Article 1: Introduction and Scope
1.1 This document records the User's consent, under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., to receive communications from the Company electronically in place of paper, states the three channels through which the Company communicates and the consent regime for each, and states when an electronic notice is effective. It governs the form of delivery of a communication; the content of a communication is governed by the policy that requires or permits the communication to be sent.
1.2 If a provision of this document conflicts with the Terms of Use, this document controls for the delivery subject it governs. If a provision of this document conflicts with the terms of a program in which the User 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.
Company: All About Pawz, LLC, a Tennessee limited liability company.
Electronic Record: a notice, disclosure, receipt, statement, tax document, policy update, legal notice, or other communication the Company delivers electronically under this document.
Marketing Communication: a promotional or advertising communication governed by the Marketing Communications Policy.
Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
Site: aapawz.com and its subdomains.
Text Message: a text message sent under a program governed by the Text Message Program Terms.
Transactional Message: a communication the Company sends because the User transacted or holds an Account, including an Order confirmation, a shipping notice, a receipt, a delivery update, a security alert, an appointment reminder, a return or refund notice, and a notice a policy requires, including an enforcement notice and an appeal decision.
User: any person who accesses or uses the Platform, whether or not the person holds an Account.
Article 3: Consent to Electronic Delivery
3.1 By creating an Account or by transacting on the Site, the User consents to receive Electronic Records electronically, in place of paper, for every communication the Company is required or permitted to send the User, including notices, disclosures, receipts, statements, tax documents, policy updates, and legal notices.
3.2 Consent under this article covers the form of delivery, not the content delivered. Consent to receive a receipt by email is not agreement with the contents of the receipt. A dispute about the content of an Electronic Record is governed by the policy that governs that content, including the Returns and Refunds Policy and the Dispute Resolution Policy, and not by this document.
3.3 System requirements. To receive Electronic Records, the User requires a working email address the User can access and a device capable of displaying the formats the Company sends: portable document format for tax documents and standard email format for other records. A User who cannot access an Electronic Record shall not transact electronically. The Company provides no paper alternative for most communications; a User who requires a paper record may print or save the Electronic Record, and the printed or saved copy is a copy of the record, not a separate record.
Article 4: The Three Channels
4.1 The Company communicates through three channels, each under its own consent regime (a) Transactional Messages are part of the service the User requested. The Company sends a Transactional Message because the User transacted or holds an Account, not because the User consented to marketing. Withdrawal from marketing does not stop a Transactional Message.
(b) Marketing Communications require the separate consent or relationship basis stated in the Marketing Communications Policy. A User may decline marketing entirely and shall still receive every Transactional Message.
(c) Text Messages require prior express written consent, program by program, under the Text Message Program Terms. A telephone number provided at checkout is not consent to a Text Message.
4.2 The Company shall not combine the channels. A Transactional Message shall not carry a marketing offer, and a Marketing Communication shall not present itself as a Transactional Message. Where the purpose of a message is ambiguous, the Company treats the message under the stricter of the regimes that could apply.
Article 5: Delivery and Effectiveness
5.1 An Electronic Record is effective when the Company sends it to the email address in the Account or posts it to the Account's notice facility with notification, whichever the governing policy provides and, where both are used, whichever occurs first. "Sent" means transmitted from the Company's system.
5.2 The User shall maintain a current email address in the Account and shall check that address. A notice sent to the address in the Account is effective as a matter of contract whether or not the User opens it. The User shall update the address in the Account on the day the address changes.
5.3 For a time-sensitive notice: including an enforcement notice, an appeal deadline, and a payment failure notice: the Company sends the notice to the Account email address and posts it to the Account's notice facility. A deadline the notice states runs from the sending and posting, not from the User's reading of the notice, and the notice states the deadline on its face.
Article 6: Failed Delivery
6.1 The Company records an email delivery failure. A single temporary failure, such as a full mailbox, prompts a retry. A permanent failure, where the address does not exist, marks the address as invalid, and the Company notifies the Account holder through the Account's notice facility to update the address.
6.2 Where a time-sensitive notice fails permanently at the Account email address, the Company attempts delivery through the Account's notice facility and, for a critical matter, through a secondary contact the Account holds. Where a notice provably reached no channel available to the User, the notice is defective, and the Company shall reissue the notice and restart a period the notice set running.
6.3 An Account with a persistently invalid email address and no activity at its notice facility is unreachable. The Company may restrict the transaction functions of an unreachable Account until contact is restored, because a Buyer who cannot be notified of a recall and a Seller who cannot be notified of an enforcement matter present a risk to that party and to others.
Article 7: Withdrawal of Consent
7.1 The User may withdraw consent to electronic delivery only by closing the Account. Withdrawal is prospective: withdrawal does not invalidate an Electronic Record already delivered and does not delete a record the law requires the Company to retain.
7.2 Withdrawal of consent to electronic delivery while the Account remains active is not available for a Transactional Message, because the Services cannot operate on paper notice. Withdrawal from marketing is available at any time and independently, under the Marketing Communications Policy. Withdrawal from a text program is available per program, under the Text Message Program Terms.
Article 8: Records
8.1 The Company retains a record of each Electronic Record: what was sent, when, to which address, and the content: in accordance with the retention periods in the Privacy Policy. In a dispute about whether a notice was given, the Company's transmission records are the evidence of sending, subject to clause 6.2.
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; (b) the User's User Content; and (c) the User's violation of any law or of the rights of any person, including the consequences of an email address the User failed to keep current under clause 5.2.
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.
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, including restriction of an unreachable Account under clause 6.3; (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 creates an Account or first transacts on 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. The User may terminate this document by closing the Account, provided the User has no Order, booking, or investigation outstanding. Termination by closure of the Account is also the withdrawal of consent described in Article 7.
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. An Electronic Record delivered before termination remains effective after 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 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, subject to clause 6.2. 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.
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