Bully Max Terms of Use

Last updated: March 30th, 2022

Bully Max LLC. and its affiliates and subsidiaries (hereinafter “Bully Max”) welcome you to Bullymax.com.  By clicking or tapping “Sign In”, “Create Account”, “Place Order” or entering or otherwise using our website, bullymax.com, you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Certain products, programs, and services on our Site (the “Products”) may have additional terms and conditions that apply (for example, if you subscribe to our Autoship & Save subscription program, you also will be subject to the Autoship & Save Terms and Conditions) and are incorporated in these Terms. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND BULLY MAX AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BULLY MAX WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Privacy Policy

Please review our Privacy Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.

Electronic Communications

When you use our Site, or send e-mails, text messages, use video calling and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Accounts

In order to use certain features of the Site and make purchases on the Site, you must register for an account with Bully Max ("Bully Max Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.

You are responsible for maintaining the confidentiality of your Bully Max Account login information. You are fully responsible for all activities that are associated with your Bully Max Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Bully Max of any unauthorized use or suspected unauthorized use of your Bully Max Account or any other actual or potential breach of security.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. Bully Max reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and Bully Max reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Bully Max reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Bully Max account may also be restricted or terminated for any reason, at Bully Max's sole discretion.

Risk of Loss and Shipping and Delivery

All items purchased from Bully Max are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier.

Product Descriptions

Bully Max attempts to be as accurate as possible. However, Bully Max does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by Bully Max is not as described, your sole remedy is to return the Product. Call us at 1-833-Bully-Max or send an email to help@bullymax.com for return information.

Reference Pricing

From time to time, we may provide additional value to customers by advertising a discount off a "List” price or "Was” price shown with a strikethrough. For example:

List: $13.99, Price $12.99

Was: $14.10, Price: $12.99

• "List” price means the suggested retail price of a Product as provided by a manufacturer, supplier or other retailers (and with respect to RX products, veterinarians). It is not necessarily an actual price that was or is available elsewhere, either in the market generally or on the Site. 
• "Was” price is determined using the recent price history of the Product on the Site. In particular, we calculate the “Was” price based on pricing available for the Product on the Site during at least 30 of the 90 days before we advertise a “Was” price.

Pricing

Bully Max cannot confirm the price of an item until you submit an order. If you use Autoship, the price of an item will be set at the time the order is processed (see Autoship & Save Terms and Conditions for more information). Despite our diligent efforts, it is possible that Products in our website may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. Bully Max will collect and remit sales tax as required by law.

Autoship & Save

By selecting Autoship on eligible items on the Site, you agree to the Autoship & Save Terms and Conditions applicable to our subscription ordering program.

Bully Max eGift Cards

By purchasing an eGift Card, you agree to our Gift Card Terms and Conditions. eGift Cards are emailed to recipients within one hour after you place your order. There’s no expiration date or hidden fees on eGift Cards. You can redeem one Bully Max eGift Card per order. eGift Cards are not returnable, refundable or redeemable for cash except as required by law. eGift Cards cannot be purchased with coupons, promotional offers or other Bully Max eGift Cards. Use eGift Cards to shop on the Site. Issued by Bully Max Promotions, LLC.

Permissible Uses of the Site

Subject to these Terms of Use, Bully Max grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. Bully Max may terminate this license at any time for any reason.

The rights granted to you are subject to the following restrictions: (a) you shall not use the Site to place an order for resale on behalf of yourself or a third party for resale by that or another third party—we reserve the right to cancel bulk purchases in our sole discretion; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its Products or its content without the express written consent of Bully Max; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another third party, including for purposes of resale of any of the Products; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Bully Max's express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Bully Max's express written consent.

Bully Max reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Bully Max will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned, controlled or used by or licensed to Bully Max, including but not limited to, Bully Max, the Bully Max design logo and the trademarked name Indestructi-bowl. Any use of the Marks without the prior written permission of Bully Max is strictly prohibited. The arrangement and layout of the Site including but not limited to, the Marks, images, text, graphics, buttons, screenshots, and other content or material are the sole and exclusive property of Bully Max.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

Bully Max uses a network of independent product and content suppliers, distributors, veterinarian clinics and other third parties to supply some of the Products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these Products, and other such third parties, that are not owned by us but that appear on the Site are the property of their respective owners.

MAXCARE - Limitations Regarding Information, Articles and Advice

Maxcare is a feature that may not be available to all Bully Max customers. Through our Maxcare, as well as other resources available on the Site, Bully Max offers information, articles, and advice to pet parents for educational purposes only. Bully Max is not a licensed veterinary practice and any information offered through this Site or in the course of communications as part of consultation services is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health-related advice concerning the care and treatment of your pet, contact your veterinarian or local animal hospital.

User Content

"User Content" of the Site’s user means any and all information and content, including photographs, that such user submits to Bully Max by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Site (e.g., a user profile, product review, question & answer), or when you otherwise interact with Bully Max (e.g., when you call customer service, send us emails). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Bully Max. Because you alone are responsible for your User Content (and not Bully Max), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Bully Max is not obligated to backup any User Content makes no representation that it will do so, and you agree that Bully Max may delete User Content at any time.

By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Bully Max an irrevocable, nonexclusive, royalty-free and fully-paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Bully Max social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

Bully Max will treat any feedback, communications, or suggestions you provide to Bully Max as non-confidential and non-proprietary subject to the limits of applicable law and our Privacy Policy. Thus, in the absence of a written agreement with Bully Max to the contrary, you agree that you will not submit to Bully Max any information or ideas that you consider to be confidential or proprietary.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such users. You agree that Bully Max will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Acceptable Use Policy

In connection with your use of the Site and interactions with Bully Max and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; (g) purchase Products for resale.

We reserve the right (but have no obligation under these Terms of Use) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your Bully Max Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Bully Max Account username and password, Internet Protocol (IP) address and traffic information, usage history, and your User Content.

Third Party Sites and Other Users

The Site may contain links to, or advertisements for, third party websites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of Bully Max and Bully Max is not responsible for any Third Party Sites. Bully Max provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

MAXDONATE Program

By joining our MAXDONATE PROGRAM (“MD Program”) or otherwise participating in, or applying to participate in, the MD Program, you agree to at all times comply with the Terms of Use and all MD Program policies, schedules, guidelines, and other documents and materials referenced in these Terms of Use or otherwise posted on the MD Program section of the Site from time to time (collectively, the “MD Program Policies”).

We reserve the right to reject or suspend your MD Program registration and/or participation in the MD Program if any requested information is inaccurate, incomplete or if you are otherwise not in compliance with the MD Program Policies. If your registration application is accepted, your charitable organization will be a “Registered Organization” for as long as all of your registration information is current and complete and you continue to be an Eligible Organization. “Eligible Organizations” are those charitable organizations that we determine:

1. are qualified under Section 501(c)(3) of the U.S. Internal Revenue Service Code;
2. are public charitable organizations and not private foundations;
3. are not supporting organizations, unless identified specifically as Type I, Type II, or functionally integrated Type III supporting organizations (as defined in the U.S. IRS Code);
4. are headquartered in the United States (the 50 states and the District of Columbia);
5. are in good standing in their state of incorporation and in the states where they are authorized to do business;
6. are operating an animal rescue, shelter or sanctuary for unwanted, abandoned, abused, or stray animals;
7. do not engage in, support, encourage, or promote:

• intolerance, discrimination or discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;

• hate, terrorism, or violence;

• money laundering;

• other illegal, deceptive, or misleading activities;

• do not promote itself, Bully Max, animal welfare, or otherwise in a negative way; and

• are otherwise not in violation of the terms of the MD Program Policies.

You consent to us sending you notifications (if any), approvals (if any), and other communications relating to the MD Program, including the MD Program Policies to the email address then-currently associated with your MD Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current. You will ensure that all information you provide to us, including your MD Program application information, email address, and other contact information, is at all times complete, accurate, and up-to-date, and agree that failure to keep such information up to date may result in you no longer being a Registered Organization.

You can only promote or link to the MD Program site on your website, user-generated content published through a social media account or page, offline mailings, or email correspondence and can only use such of our trademarks or logos, or other content we may make available to you, in all cases in accordance with all MD Program Policies. You are solely responsible for your site and participation in the MD Program, your organization, and actions taken by you or on your behalf. We will have no liability for these matters, and you agree to defend, indemnify, and hold us and our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to these matters. With respect to any emails, social media posts, mailings and other communications you send (or cause to be sent) in connection with the MD Program, you acknowledge that you are the originator and sender for all purposes (including under the CAN-SPAM Act of 2003 and all similar laws).

You acknowledge and agree that any Products provided to you by Bully Max or our customers, either through a “wish-list”, donation or otherwise (the “Provided Products”), are intended to be charitable in nature and directly benefit the animals under your care or supervision in accordance with your charitable mission. As such, you agree that the Provided Products will be used or consumed solely by in furtherance of your charitable mission, and will not be resold, remarketed or otherwise transferred to any other party.

You acknowledge and agree that we may or may cause others to publicly disclose (including through a government filing, press release, interview, or any other public statement) the number of donations provided to you (individually and/or collectively with other charitable organizations) in connection with the MD Program. Except as expressly permitted by us in writing, you will not issue any press release or make any other public communication with respect to your participation in the MD Program.

You acknowledge and agree that we may or may cause others to publicly disclose (including through a government filing, press release, interview, or any other public statement) the number of donations provided to you (individually and/or collectively with other charitable organizations) in connection with the Program. Except as expressly permitted by us in writing, you will not issue any press release or make any other public communication with respect to your participation in the MD Program.

Either you or we may terminate your participation in the MD Program at any time, with or without cause, by giving the other party notice of termination, which for your termination notice will require a written request to be removed from the MD Program, and for our termination notice may include making a notice available for your review on the MD Program Site or providing email to the email address then-currently associated with your MD Program account. We also reserve the right, in our sole discretion, to cancel or otherwise terminate the MD Program at any time.

Disclaimer of Warranties

Bully Max intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER BULLY MAX NOR ITS THIRD-PARTY SERVICE PROVIDERS, CONTRACTORS, PARTNERS, SUPPLIERS OR AFFILIATES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. Accordingly, to the extent permitted by applicable law, Bully Max EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT SHALL BULLY MAX, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, OR THIRD-PARTY VETERINARIANS (“BULLY MAX LLC.”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH BULLY MAX LLC., YOUR USE OF THE SITE, PRODUCTS, OR THIRD-PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS, AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH BULLY MAX LLC., ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID BULLY MAX IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You agree to indemnify and hold Bully Max LLC. harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of these Terms, or (d) your interaction with such independent contractors or reliance on any advice provided by them. Bully Max LLC. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bully Max. Bully Max will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Dispute Resolution and Agreement to Individual Arbitration

EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND BULLY MAX AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Covered Disputes and Arbitration Requirement.  Any and all disputes between you and Bully Max, including disputes arising from or relating to the Site, these Terms of Use, the Privacy Policy, Autoship & Save Terms and Conditions, Gift Card Terms and Conditions and any other terms and conditions that may apply to our Site and/or Products, programs and services and their interpretation or the breach, termination or validity thereof, any purchase on the Site, communications between you and Bully Max, the reliance on any advice provided by independent contractors or third-party veterinarians in connection with the Site, or any Products or promotions provided by Bully Max, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA's Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org or by calling the AAA at 800-778-7879.  This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or Bully Max can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.

Governing Law.  For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with Bully Max.

Fees and Costs.   Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Bully Max will pay the filing fees for both parties. The AAA consumer rules will otherwise apply to determine the costs and expenses due from each party.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bully Max will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Bully Max within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Bully Max and AAA to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. 

Location.  At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions.

Required Pre-Arbitration Dispute Resolution.  Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Bully Max will provide such notice by e-mail to your e-mail address on file with Bully Max and you must provide such notice by e-mail to info@bullymax.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such an amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification.

CLASS ACTION WAIVER.  BULLY MAX AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER BULLY MAX NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE) . If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Miscellaneous.  Notwithstanding any provision in these Terms to the contrary, we agree that if Bully Max makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Bully Max. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Allegheny County, Pennsylvania to resolve such claims.

Term and Termination

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Bully Max Account) or (b) terminate the Terms, at any time for any reason at our sole discretion, including for any use of the Site in violation of the Terms or if we believe you are younger than 18. Upon termination of these Terms, your Bully Max Account and right to access and use the Site will terminate immediately. You understand that any termination of your Bully Max Account may involve deletion of any User Content you may have posted. Bully Max will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Bully Max Account or deletion of your User Content.

The provisions herein related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and dispute resolution, including individual arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, including the end of any other aspect of the relationship between you and Bully Max, including your decision to stop purchasing from Bully Max or the cancellation or end of any participation in any service, program, or promotion offered by Bully Max, will survive any termination of these Terms of Use.

Respect for Copyright Law—Digital Millennium Copyright Act (“DMCA”)

Bully Max respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Bully Max's Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on Site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

You may submit your counter-notification to Bully Max's Copyright Agent by mail or email as set forth below:

General

We reserve the right to make changes to our Site at any time, including but not limited to our Terms, our Privacy Policy, Autoship & Save Terms and Conditions, Bully Max Gift Card Terms and Conditions and any other terms and conditions that may apply to our Site and/or Products, programs and services. Each time you use our Site, you should visit and review the then-current terms and policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then-current terms and policies, your sole remedy is not to use our Site. If any provision of these Terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bully Max's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon assignees.

Contact Information

For questions or concerns about these Terms, including your legal relationship with Bully Max, please contact us at: