Terms of Service

OVERVIEW

This website is operated by Functional Nutriments LLC. Throughout the site, the terms "Functional Nutriments", “we”, “us” and “our” refer to Functional Nutriments LLC. Functional Nutriments offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

PAW PERKS REWARDS TERMS

Paw Perks Rewards is a loyalty program for all customers with an active account. If you have a username and password to our store, you are automatically earning Paw Perks Rewards points.

• You earn 200 Paw Perks Rewards points just for setting up an account username and password on our shop.
• You get 2 Paw Perks Rewards points for every $1 spent with Functional Nutriments while logged in. If you have spent $ with us in the recent past, you automatically earn points on those purchases, as well.
• Once you earn 500 Paw Perks Rewards points, you’ll be able to redeem a coupon code in your account dashboard.
• There are several types of coupon codes, including coupon codes that will automatically apply to your next auto-ship/subscription order.
• When you share your birthday with us, you also earn Paw Perks Rewards points.
• Get Paw Perks Rewards for other activities, too, such as liking us on social media or referring a friend to our amazing dog supplements. Please see your account dashboard for a full list of activities.

POINT STATUS

Points can be earned through various activities including purchases and referring friends. For a full list of activities, refer to your account dashboard.

After you earn points and they are approved, you can use those points to purchase rewards (discounts) that can be applied toward another purchase. Your earned points will have an associated status. Here is what they mean:

• Approved: These points can be redeemed on rewards immediately
• Pending: These points need to be verified before you can redeem them. This typically applies to purchases and referrals
• Cancelled: These points will not be added to your account. For example, this will happen if you cancel a purchase (the points will change from pending to cancelled)

EARNING POINTS

In addition to liking us on social media, sharing the month and day of your birthday, and other activities you find in your dashboard, you also earn LOTS of points for referring your friends.
Get 1,000 points for referring a friend by sharing your unique URL with your friend(s). Your URL is located in your account dashboard. Your friend must use your unique URL and make a purchase of at least $30. You will receive points only when referred friends make their first purchase. Points are added when the purchase is made. However, if the product is returned, those points will be canceled.

USING POINTS

Paw Perks points can be used to purchase discounts toward individual products and subscriptions. These are unique rewards and cannot be combined in one order.

Example: A subscription reward cannot be use on a single-product purchase.

Example: A single-product purchase cannot be used on a subscription reward.

Points are earned when you purchase gift cards. However, points cannot be used to purchase gift cards.

EXCLUSIONS

Some products may be excluded from the Paw Perks Rewards program. Check your account for your approved points balance.

SUBSCRIBE & SAVE (AUTOSHIP) TERMS

These Terms govern the rights and obligations of both you and Functional Nutriments ("we", "us") regarding our Subscribe & Save program. These Terms constitute the complete agreement between you and Functional Nutriments relating to the Subscribe & Save program. Your participation in Subscribe & Save is also governed by our general Conditions of Use and Privacy Policy, as well as other applicable terms and conditions as updated from time to time.

Subscription Benefits

When you subscribe, the discount applied at the time of your subscription is locked in for the duration of your subscription. This discount will not change regardless of subsequent price adjustments unless you cancel and re-subscribe or request an adjustment through customer service. All other benefits and changes will affect future orders, including those already subscribed.

Eligibility

Subscribe & Save is available for deliveries to specified locations listed on our website. Benefits and promotions are applicable only to items marked with the Subscribe & Save option during checkout.

Renewal, Payment, and Cancellation

Your subscription will continue automatically based on the chosen schedule until you decide to cancel. You can manage or cancel your subscriptions through your account page, where you can also change payment methods or skip deliveries. Charges are based on the locked-in discount price at the time of your subscription, plus any applicable shipping fees and taxes.

Returns and Refunds

Returns of items purchased through Subscribe & Save adhere to our standard Returns Policy. Refunds are processed according to the original method of payment.

Other Limitations and Termination

Your subscription is personal to you and cannot be transferred or resold without our consent. We may terminate or suspend your subscription at any time for various reasons, including non-compliance with these Terms.

Changes to Agreement

We reserve the right to modify these Terms without prior notice. Continued participation after changes indicates acceptance of the new terms.

NON-EXCLUSIVE WHOLESALE ACCOUNTS INCLUDING MINIMUM ADVERTISED PRICE POLICY

Accounts:

Functional Nutriments, LLC ("Functional Nutriments") sells our products to Distributor, Retailer and Wholesaler accounts that, include but are not limited to: (i) Distributors of Veterinarian hospital supplies and Pet Shop products; (ii) Retail Pet Shop Chain Stores; (iii) Veterinarians and any practitioner or pet healthcare facility duly licensed to practice Veterinary medicine; and, (iv) Retail Outlets that maintain a physical "brick and mortar" location principally engaged in providing pet related retail products and services to pets and their caretakers ("Account(s)"). Functional Nutriments sells Products to Accounts on a non-exclusive basis at established Price Lists and reserves the right to change Price Lists and stop such sales at any time.

Internet Sales Policy:

Internet sales of Products in compliance with Functional Nutriment's Minimum Advertised Price (MAP) policy are permitted where the Account is clearly identified as the seller: (i) on a single website operated exclusively by an Account; or, (ii) through United States third-party sites including, but not limited to Amazon and E-bay. Selling Products on discount, cross-marketing, close out and auction sites are prohibited.

Returns:

Due to the nature of the product, Functional Nutriments does not accept returns of merchandise.

Cancellation:

Orders may be cancelled prior to shipping of inventory within (3) days of placing order. All requests for cancellation must be made in writing and faxed to: 1-808-442-7298

Shipping & Handling:

All orders are subject to appropriate shipping & handling fees. If free shipping is provided, the method of shipment is at the discretion of Functional Nutriments. If customer is using their UPS, FED EX or other courier services for shipping charges, then no handling fee will be required. All customs, duties and taxes for international orders are to be paid by recipient. All declarations or import licensing required must be provided prior to shipment by the client or their agent.

Payment:

Payment is to be made in full prior to shipping. We accept all major credit cards including MasterCard, Visa, Discover and American Express as well as PayPal, check, cash and wire transfers. There may be a 10-day hold period for all checks prior to shipment. Sales Tax Resale Certificates are required from all Accounts. Appropriate GET will be added for all orders shipped to the state of Hawaii. There is a $35 return check fee on all non-sufficient fund checks.

Distributor Pass-Thru Orders:

If your order is to be billed to a distributor, it is your responsibility to make payment to your distributor. However, if your account is not valid or your order is unable to be processed, you will be required to make payment for your order within 3 business days.

Minimum Advertised Price Policy:

Functional Nutriments Price Schedules have been created exclusively for authorized Distributors, Retailers, and Wholesalers. We value our network of Accounts for its excellent customer service, support, and hands-on expertise delivered along with our Products to authorized resellers and end-users. Functional Nutriments supports advertising in print media, via direct mail and on the Internet as promotional tools for its resellers. In order to alleviate aggressive price shopping and brand degradation as well as to reinforce the advantages of our Products in the areas of quality, as well as service delivered by our Accounts, we have established a Minimum Advertised Price (MAP) Policy.

All Accounts, as well as their network of resellers, are asked to adhere to this MAP Policy. Functional Nutriments has established the following MAP Policy to better reflect our business philosophy and shall be adhered to and enforced by all of its Accounts and their direct or indirect reseller networks and distributors.

1. The maximum allowable MAP discount will be no more than 30% below the Functional Nutriments Suggested Retail Price (SRP) for each Product. This policy does not establish a maximum price for any Functional Nutriments Product and applies to the SRP published on its Price Lists and on our website at FunctionaiNutriments.com
2. If an Account wishes to sell Functional Nutriments Products for more than 30% below the Functional Nutriments SRP, the Account must: promote such price "in store"; verbally advise or speak with a customer in person; or, have any potential inquiring Internet customer register their name and contact information and further have the potential customer add the Product to a shopping cart before providing such pricing. Advertising Product prices more than 30% below the Functional Nutriments SRP shall be considered a material breach of this MAP Policy.
3. The MAP is established by Functional Nutriments for its Products and may be adjusted by us without prior notice at any time. Functional Nutriments reserves the right to modify or suspend the MAP program for its full Product range or by specific Product line by notifying all distributors and resellers of such change in advance.
4. From time to time, Functional Nutriments may engage in specific promotions of certain Products. In so doing, the MAP Policy continues to apply to SRP prices. In no way does the implementation of a promotional price or discounted price period by Functional Nutriments negate the MAP policy or our Accounts' responsibilities in implementing it.
5. The intentional or unintentional failure to follow this MAP Policy will result in either the termination of the Account relationship with Functional Nutriments or changes in the purchase Price List structure with Functional Nutriments. Functional Nutriments will not continue in any business relationship with Accounts that do not follow this distribution philosophy and business strategy.

Applicable Law Jurisdiction:

The laws of the state of Hawaii will govern all matters of conflict and/or mediation. Functional Nutriments, LLC reserves the right to pursue suit against any individual, party or company who breaches the Terms & Conditions and MAP Policy outlined above. You hereby submit to bring any legal action against Functional Nutriments, LLC in the US Courts of the State of Hawaii. You also waive to the fullest extent by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.

Trademarks:

Functional Nutriments, LLC holds the trademark for Apocaps®. Nutrocept® and EverPup®. As owners of these trademarks, Functional Nutriments reserves the right to pursue legal action against any unauthorized use of these trademarks as protected by law.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 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 must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 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. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

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.

SMS MESSAGING

The Functional Nutriments mobile message service (the "Service") is operated by Functional Nutriments LLC (“Functional Nutriments”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Functional Nutriments’ SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.) promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of Functional Nutriments LLC via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Functional Nutriments. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 679-2489. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Functional Nutriments mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 679-2489 or email cs@functionalnutriments.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy at https://shop.functionalnutriments.com/pages/privacy-statement.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Functional Nutriments Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Functional Nutriments Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Hawaii.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at cs@functionalnutriments.com.