These Terms of Use (“Terms”) are a legal agreement between You and Rudy Scottsir LLC, d/b/a Drooly (“Drooly,” “we,” “us,” or “our”). We make our website (and/or any successor or additional website(s) owned or operated by or for Drooly) (collectively, “Website”) available in order to provide You with information about our company, products and services, and also so that You can order our products. Your use of the Website, any related mobile applications, and our pet food delivery service (collectively, the “Services”), are subject to these Terms. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms or policies, do not use the Services.
PLEASE READ THIS USER AGREEMENT CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
Please note these Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST DROOLY; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Service.
REGISTRATION
You may be required to register if you wish to purchase products or use certain functionality on the Website.
To register, you will have to create an account. You shall provide Drooly with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Drooly account. You may not (i) select or use as a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene. Drooly reserves the right to refuse registration of an account or cancel an account in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Drooly immediately of any breach of security or unauthorized use of your account. Although Drooly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Drooly or others due to such unauthorized use. All registration information provided by you shall be subject to Drooly’s Privacy Policy or any successor thereto.
GENERAL TERMS OF SALE FOR SUBSCRIPTION PRODUCTS
Drooly sells pet food products (“Products”) to end-user customers like you for your personal, non-commercial use. By registering for an account with Drooly, you become a “Member” with access to certain password-restricted areas of the Website and certain Services and Drooly Content offered on and through the Website (a “Subscription”). You may not purchase Products or Subscriptions for resale purposes. The Subscriptions purchased and all rights you acquire in the Products are personal and non-transferable. You must provide a current, accurate mailing address in order to receive the Products in connection with your Subscription. All sales and payments of Membership fees will be in U.S. Dollars.
We offer different Subscription options. Our current Subscription options and fees, and details regarding pricing, delivery, returns, billing, promotional credits, upgrades and subscription plans, are posted here. The fee that we will charge you for your Subscription will be the price posted on the Website on the date that you register as a Member. Drooly reserves the right to change prices for Subscriptions at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases.
Drooly’s money-back guarantee only applies to your starter box. You will not receive a refund for any unwanted boxes you receive after your first box, unless Drooly has shipped them to you in error. If you wish to make a recurring change in your Subscription, you must make the change at least twenty-four (24) hours before the change takes effect.
You may pay for your Subscription to Drooly only with credit and debit card payments (Visa, MasterCard, American Express, JCB, Diners Club, GooglePay, Apple Pay and Discover, We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription.
Once your credit or debit card is charged the first Subscription fee, you will receive a confirmation e-mail.
IMPORTANT NOTICE: DROOLY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD EXPIRES (THE “RENEWAL DATE”), AND DROOLY WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT ON THE RENEWAL DATE, UNLESS YOU CANCEL OR UNLESS YOU DISABLE THE AUTO-RENEWAL FUNCTION (SEE BELOW FOR INSTRUCTIONS ON HOW TO DISABLE AUTO-RENEWAL OF SUBSCRIPTIONS).
IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A DISCOUNTED SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE DISCOUNTED SUBSCRIPTION TERM, DROOLY WILL, AUTOMATICALLY CHARGE YOU THE SUBSCRIPTION FEE UPON THE EXPIRATION OF THE DISCOUNT SUBSCRIPTION PERIOD. DISCOUNTED SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE DISCOUNTED SUBSCRIPTION.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING [email protected] FOR ASSISTANCE, PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. DROOLYS REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. TO ENSURE TIMELY CANCELLATION, AND AVOID PAYING FOR A POST-CANCELLATION DELIVERY, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST THIRTY-SIX (36) HOURS PRIOR TO THE EXPECTED TIME OF YOUR NEXT SCHEDULED DELIVERY.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Member, and you authorize Drooly to charge your credit or debit card for any such applicable taxes.
DROOLY RESERVES THE RIGHT TO MODIFY PRICING AT ANY TIME, UPON ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION OR TURNED OFF THE AUTO-RENEW FUNCTION WITHIN THE SPECIFIED TIME AFTER RECEIVING NOTICE OF A PRICE CHANGE, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN YOUR NOTICE. YOU MAY CHOOSE TO TURN OFF THE AUTO-RENEW FUNCTION BY LOGGING IN AT THE WEBSITE AND VISITING YOUR ACCOUNT PAGE OR EMAIL [email protected] FOR ASSISTANCE.
CONTENT, COPYRIGHT, AND CONDUCT
Content provided by Drooly on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, the “Drooly Content”) is meant for all audiences. You understand that you may also be exposed to user material from a variety of sources (“User Material”), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, and social media posts, as well as Drooly Content. You grant Drooly the right to reproduce, distribute, modify, publicly display, pubicly perform and transmit any User Material you upload and publish on the Service, and to make any other use of such User Material as Drooly may determine, including without limitation marketing and promotional use. You represent and warrant that you are the sole owner of all intellectual property rights in any User Material you upload and publish on the Service, and that Drooly’s use of such User Material will not violate the rights of any third party, and you understand and agree that Drooly is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to Drooly Content or User Material that you believe to be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Drooly with respect thereto.
As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
You agree that you will not: (i) take any action that imposes, or may impose, in Drooly’s sole discretion, an unreasonable or disproportionately large load on Drooly’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Drooly may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a Drooly user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Drooly Website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the Drooly server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the Website for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
The Drooly Content and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Drooly, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the Drooly Content, Marks, and User Material is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. Drooly reserves all rights not expressly granted in and to the Service and the Drooly Content. If you download or print a copy of the Drooly Content, or User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Drooly Content, or User Material.
Drooly respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third-party intellectual property rights upon prompt notification to us by the third-party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Website (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Website (or Product, or Service) of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at Drooly, C/O Kilmer, Crosby & Quadros PLLC, 712 Main Street, Suite 1100, Houston, Texas 77002.
TERMINATION
Drooly may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WARRANTY DISCLAIMER
THE SERVICE, DROOLY CONTENT AND MARKS ARE PROVIDED BY DROOLY “AS IS” AND “AS AVAILABLE”. DROOLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, DROOLY DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, DROOLY DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND DROOLY WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DROOLY OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, DROOLY CONTENT AND DROOLY MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DROOLY OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DROOLY ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE DROOLY SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DROOLY WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DROOLY WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Drooly and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Drooly Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third-party and to the Drooly Indemnitees. Drooly shall have the right, in its sole discretion, to select its own legal counsel to defend the Drooly Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the Drooly Indemnitees in connection therewith. You shall not, without the prior express written approval of Drooly, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Drooly Indemnitee. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Although Drooly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Drooly or others due to such unauthorized use. As such, to the extent permitted by applicable law, You hereby release Drooly from any and all claims or liability related to any product or service of Drooly and any conduct, action, or inaction by Drooly or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.
DISPUTES
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION; WAIVER OF TRIAL BY JURY. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
Procedures. These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Governing Law and Jurisdiction” section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
Severability. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
MISCELLANEOUS
Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Service.
Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are under 13 years of age, you may not register for or use the Service unless we have your parents’ consent.
Modification. Drooly shall have the right to modify these Terms at any time, which modification shall be effective immediately following Drooly’s posting of such change on its Website. We recommend that you check the Drooly Website regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification.
Electronic Communications. By using the Website and/or the Services, you consent to receiving electronic communications from Drooly. These electronic communications may include information about Drooly’s Services and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services. These electronic communications are part of your relationship with Drooly. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Enforceability and Waiver. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Drooly to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.
Privacy Policy. Your use of the Service is subject to your acceptance of our Privacy Policy https://www.Drooly.com/privacy-policy/, which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.
Links to Third Party Websites. As a convenience for its users, Drooly may provide links on this Website to other Websites owned by third parties. Unless otherwise stated, Drooly does not endorse or control these third parties and takes no responsibility for them or their Websites.
Export and International Use. The Service is controlled and offered by Drooly from its facilities in the United States of America. Drooly makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Governing Law, Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to or application of choice of law rules or principles. You agree that: the Service shall be deemed to be solely based in the State of Texas; the Drooly Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Drooly, either specific or general, in jurisdictions other than the State of Texas; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney’s fees, expenses and costs incurred in connection with the litigation.
STORED PAYMENT METHODS TERMS AND CONDITIONS
Please read these terms and conditions carefully. They are an agreement between you and Rudy Scottsir LLC d/b/a Drooly which provides the goods or services to you (“Drooly”). These terms and conditions are in addition to and not in lieu of any other agreements between you and Drooly.
• By storing the checking account, savings account, credit card or debit card information on your ‘Bill and payment preferences’ and subsequently using the checking account, savings account, credit card or debit card for one-time payments, you authorize Drooly to (a) initiate an automated clearing house (ACH) debit entry(ies) or a debit card payment(s) from the checking or savings account you specify, or (b) charge your specified credit card. The amount(s) and date(s) of any payment(s) will be specified on the payment information screen shown during the payment process.
• You also authorize Drooly to credit your specified bank account or credit card in the appropriate amount for any refunds or other billing adjustments.
• If you select a debit card as your payment source, Drooly may process your payment(s) over the Stripe network (or another network, other than the primary network brand indicated on your card).
• You agree to be bound by any rules your financial institution requires for ACH debit transactions or that your debit card or credit card issuer requires for debit card or credit card transactions.
• DROOLY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF AN ERRONEOUS STATEMENT OR INVOICE, ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED, OR YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.
• Drooly reserves the right to change these terms and conditions at any time. Notice of any such change may be given on or with your bill or by other methods, including, but not limited to e-mail correspondence.
PAPERLESS BILLING TERMS OF SERVICE
• You have chosen to no longer receive a Drooly billing statement by mail. By consenting to receive online bill statements only, you will receive the following categories of documents and information in electronic format only: (a) your monthly bill statement, and (b) all other notifications, disclosures and other information that Drooly is required by law to provide or make available to our subscribers in writing and which we distribute to our subscribers receiving paper delivery of their monthly bill statements by inclusion in a bill statement mailing. If you wish to obtain a paper copy of any such document or information, the paper copy will be mailed to you upon request at no cost. To request a paper copy of any such document or information, you may contact us via [email protected].
• You have the right to withdraw your consent at any time by choosing to resume paper delivery of your monthly bill statement. To elect to resume paper delivery of your monthly bill statement, please visit our Web site at www.Drooly.com. After you successfully sign in, please navigate to where you may manage your statement delivery preferences, follow the instructions provided, and save your changes.
• In order to ensure that we are able to provide you with important notices and other information, you must update us with any change in your email address. To update the email address on your account, please visit our Web site at www.Drooly.com. After you successfully sign in, please navigate to where you may change email address, follow the instructions provided, and save your changes. If you fail to update your email address and we receive a response that our email was undeliverable, the email containing: (a) your monthly bill statement, and (b) all other notifications, disclosures and other information that Drooly is required by law to provide or make available to our consumer subscribers in writing will be deemed to have been received by you on the date the email was sent.
• Drooly’s hardware and software requirements for access to, and retention of, the information being provided to you in electronic form are outlined below. You must have access to a computer with an operating system among the types listed that is able to connect to the Internet using one of the browsers indicated. Your browser also must support 128-bit encryption. If it does not meet the requirements, your browser will instruct you on how to upgrade. All of your electronic bill statements and other required information provided to you in electronic form with your monthly electronic bill statement can be printed or saved electronically to your computer for your records. In order to print a copy of your electronic bill statement or any document linked to your electronic bill statement, you must have one of the following operating systems and Internet browsers: Windows XP or higher or Mac OS X 10.4 or higher, Internet Explorer 6 or higher, Firefox 3.0 or higher or Safari 3.0 or higher, and a working printer that is compatible with, and properly connected to, your particular computer. If you use spam filters for your emails, please add Drooly Customer Care at [email protected] to your approved senders list.
• If we make a change in the hardware or software requirements listed above, and that change creates a material risk that you will no longer be able to access or retain the records described in Section 1 above, we will provide you with an explanation of the revised hardware or software requirements necessary for your access and retention of such records, and will ask you to confirm your consent to receipt of such records in electronic format only. You will have the right to withdraw your consent at that time by electing to resume paper delivery of your monthly bill statement in accordance with the procedures described in Section 2 above.
By providing your consent, you are confirming to Drooly that you are able to access all of the documents, records, and information described in Section 1 in electronic form.
COOKIES NOTICE
Effective December 1, 2020
This Cookie Notice (“Notice”) explains how we and our partners, including advertisers and vendors, use cookies and similar tracking technologies when you use the products, services, websites, mobile apps, and platforms that link to it (our “Services”). This Notice provides more information about these technologies, your choices, and is part of the Drooly Privacy Policy. You should read the Privacy Policy and this Notice for a full picture of our collection and use of your information.
What are Cookies?
Like many companies, we use cookies (small files placed on your computer or device) and other common tracking technologies on the Services, including HTTP cookies, HTML5 and Flash local storage/flash cookies, web beacons/GIFs, embedded scripts, ETags/cache browsers, and software development kits (referred to together from this point forward as “Cookies,” unless otherwise stated).
First-party Cookies
First-party Cookies are those that we place directly on the Services (including through the use of service providers) and we use them to enable the Services and their features and to assist in analytics activities.
Third-party Cookies
Certain third-parties may place their Cookies on your device and use them to recognize your device when you visit the Services and when you visit other websites or online services. These third parties collect and use this information pursuant to their own privacy policies. Third-party Cookies enable certain features or functionalities, and advertising, provided on and off the Services.
Types of Cookies
The Services use the following types of first and third-party Cookies for these purposes:
Strictly Necessary Cookies: These Cookies are required for Service functionality, including for system administration, security, and fraud prevention, and to enable any purchasing capabilities. You can set your browser to block these Cookies, but some parts of the site may not function properly.
Analytics and Performance Cookies: These Cookies collect data regarding your usage of and performance of the Services. We and our vendors use these Cookies to perform analytics, to improve the content and user experience, for statistical purposes, to improve the Services, and develop new ones. They are also used to recognize your device across platforms and devices for the above purposes.
Functional Cookies: These Cookies enable us to provide certain features, such as determining if you are a first-time visitor, capping message frequency, remembering choices you have made (e.g., your language preferences, time zone), and assist you with logging in after registration (including across platforms and devices). Data collected under this category can also be used to select and deliver personalized content, such as news articles and videos, and measure the delivery and effectiveness of that content.
Targeted Advertising Cookies: These Cookies collect data about your website visits, your use of the Services, your preferences, and your interaction with advertisements across platforms and devices for the purpose of delivering targeted advertising content on and off the Services. Third-party sites and services also use Targeted Advertising Cookies to deliver content, including advertisements relevant to your interests on the Services and third-party services. If you reject these Cookies, you will still see advertising, but it may be less relevant.
Social Media Cookies: Social media platforms place these cookies on the Services to enable you to share content with your friends and networks. Social media platforms have the ability to track your online activity outside of the Services. This may impact the content and messages you see on other services you visit.
We and third-parties may associate information collected from Analytics and Performance Cookies, Functional Cookies, Targeted Advertising Cookies, and Social Media Cookies with other information about you.
COOKIE MANAGEMENT
You can use the methods described below to manage Cookies. You must take these steps on each browser or device that you use. If you replace, change, or upgrade your browser or device, or delete your cookies, you may need to use these opt-out tools again.
Browser Controls
You may be able to disable and manage some Cookies through your browser settings. If you use multiple browsers on the same device, you will need to manage your settings for each browser. Please refer to your browser’s help menu for information on how to manage Cookies. Please be aware that disabling Cookies will not disable other analytics tools we may use to collect information about you or your use of our Services.
Analytics Provider Opt-Outs
To disable Analytics Cookies, you can use the browser controls discussed above or, for some of our providers, you can use their individual opt-out mechanisms.
Flash Local Storage
These cookies are also known as local shared objects and may be used to store your preferences or display content by us, advertisers, and other third-parties. Flash cookies need to be deleted in the storage section of your Flash Player Settings Manager.
Targeted Advertising
Most third-party advertisers offer a way to opt out of their targeted advertising.
You can also opt out of some of our advertising network providers by visiting their opt-out pages:
• Google’s Privacy Policy
• Google’s Opt-Out Page
• Facebook’s Privacy Policy
• Facebook’s Opt-Out Page
• Twitter Privacy Policy
• Twitter’s Opt-Out Page
These are examples of our advertising providers, but the list is not exhaustive. In addition, we are not responsible for the effectiveness of any of these providers’ opt-out mechanisms. After you opt out, you will still see advertisements, but they may not be as relevant to you.
Mobile Settings
You may manage the collection of information for personalized advertising purposes in mobile apps via the device’s settings, including managing the collection of location data. To opt out of mobile ad tracking from third-parties, you can do so by selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Ads Personalization” (for Android devices) option in your device’s settings.
Consequences of Deactivation of Cookies
If you disable or remove Cookies, some parts of the Services may not function properly. Information may still be collected and used for other purposes, such as research, online services analytics or internal operations, and to remember your opt-out preferences.
Contact Us
For inquiries about this Cookies Notice, please contact us at [email protected].
Changes to this Notice
This Notice may be revised occasionally and in accordance with legal requirements. Please revisit this Cookie Notice regularly to stay informed about our and our analytics and advertising partners’ use of Cookies.
AUTOMATIC PAYMENTS – TERMS AND CONDITIONS
• By enrolling in this recurring payment program, you authorize Drooly: (a) to initiate recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify, or (b) to initiate recurring charges from your specified credit card.
The amount debited from your checking or savings account or charged to your credit card every month will be the then current balance on your account. Your current balance is the amount on your Drooly statement, plus additional charges billed to your account after your statement was issued, less credits or payments posted to your account after your statement was issued. Once your enrollment is processed, all payments will be automatically withdrawn from your specified checking or savings account or charged to the designated credit or debit card on the Drooly statement due date, unless you terminate your authorization in the manner described herein.
• You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.
• YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE BY LOGGING INTO YOUR ACCOUNT AT WWW.DROOLY.COM/MY-ACCOUNT AND TERMINATING AUTOMATIC PAYMENTS OR BY E-MAILING DROOLY AT [email protected] AND TERMINATING YOUR AUTHORIZATION WITH A DROOLY CUSTOMER ACCOUNT EXECUTIVE.
• You must update all changes to your checking/savings account or credit/debit card information by logging into your account at www.Drooly.com/My-Account. If you do not update your checking/savings account or credit/debit card information and Drooly is unable to charge your credit card or withdraw funds from your debit card, checking account, or savings account for the amount due on your Drooly account, you may be subject to applicable late fees, returned item charges and any fees or charges assessed by your financial institution.
• Drooly will make your monthly statement available to you online. You can access your monthly statement by logging into your account at www.Drooly.com/My-Account. You agree to review each bill you receive and give Drooly notice of any errors or disputed charges at least 72 hours prior to your statement due date.
• DROOLY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
• Drooly reserves the right to change these terms or terminate this program at any time. Notice may be given on or with your statement or by other methods.
• These terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your Drooly account or any Drooly services you receive or other agreements you may have with Drooly.