Terms of service

These terms are a legal agreement between you and Wagvive. They cover your use of this website and any order you place with us. By using the site or placing an order you accept them.

PLEASE READ THIS NOTICE CAREFULLY. These terms contain a binding arbitration agreement and a class action waiver. They affect how disputes between us are resolved. Unless you opt out within 30 days as described in the Dispute Resolution section, you and Wagvive agree that disputes will be resolved by individual arbitration, and you give up the right to a jury trial and the right to participate in a class action. See the section titled "Dispute resolution and binding arbitration" for the full terms and for how to opt out.

Who we are: Wagvive, 333 Pearl St, 18H, New York, NY 10038, United States. Contact: hello@wagvive.com.

Who can order

You must be at least 18 and able to enter a binding contract. By ordering you confirm that you are. If you are ordering on behalf of a business, you confirm you are authorized to bind it.

Orders

An order is an offer to buy. A contract is formed when we email you to confirm dispatch. We may decline or cancel an order, in whole or in part, for any lawful reason, including if an item is out of stock, if there was a pricing or description error, if we suspect fraud or resale, or if we cannot deliver to your address. If we cancel an order you have paid for, we refund you in full.

Pricing and errors

Prices are in US dollars and exclude sales tax, which is calculated at checkout where applicable. We try hard to keep prices, descriptions and availability accurate, but the site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any error and to change or update information at any time without notice, including after you have submitted an order. If an item is listed at an obviously incorrect price we will contact you before charging you, and you may cancel.

Shipping and returns

Our Shipping Policy and Refund Policy form part of these terms. If we cannot ship within the time we stated, you may cancel for a full refund.

Products, supervision and assumption of risk

Our products are pet accessories for general use. They are not veterinary devices, they are not safety equipment, and nothing on this site is veterinary or medical advice. If your dog has a medical or behavioral condition, talk to your vet.

You acknowledge and accept the following, which are ordinary facts of dog ownership rather than defects:

Supervision is required. Supervise your dog with any new product. No pet product is indestructible and none is a substitute for supervision.
Inspect and replace. Check products regularly and stop using and discard anything that is damaged, worn, or coming apart. Damaged toys can present a choking or ingestion hazard.
Chewing habits vary. Toys are not rated for destructive or power chewers unless expressly stated. Choose products appropriate to your dog's size, strength and habits.
Fit is your choice. Sized products carry a fit guide taken from actual measurements. Selecting the right size is your responsibility, and we will help if you ask before ordering.
Individual reactions vary. Dogs differ in sensitivity and tolerance. Discontinue use if your dog reacts badly to any product.

To the fullest extent the law allows, you assume the risks described above.

Images and descriptions

We show supplier photography alongside our own descriptions. Colors can vary slightly between screens, and sizes are given so you can check the fit before buying.

California residents

Please see our Proposition 65 notice.

Our content

The text, photography, logos and design on this site belong to us or our licensors and are protected by copyright and trademark law. You may browse, share links, and print pages for your own personal, non-commercial use. You may not copy, reproduce, scrape, republish or use our content commercially, or use the Wagvive name or logo, without our written permission.

Anything you send us

If you send us a review, photo, comment or creator application, you keep ownership of it, and you grant us a non-exclusive, royalty-free, worldwide, perpetual, sublicensable license to use, reproduce, adapt and display it to operate and promote the store. You confirm you own or control the rights to anything you send, that it does not include anyone else's copyrighted work or likeness without permission, and that it is not unlawful or misleading. We may remove any submission for any reason.

Copyright complaints. If you believe material on this site infringes your copyright, email hello@wagvive.com with the work concerned, the location on our site, your contact details, and a statement that you have a good faith belief the use is unauthorized. We will act on properly made notices, including removing material and terminating repeat infringers.

Acceptable use

Keep your account details secure; you are responsible for activity under your account. Do not use this site fraudulently, do not attempt to interfere with it or with anyone else's use of it, do not attempt to gain unauthorized access, and do not scrape, data-mine, resell or systematically copy its contents. We may suspend or terminate access, and cancel orders, if you do.

Links to other sites

Where we link to another site, we do not control it and are not responsible for its content, products or privacy practices.

Warranties

We will supply your order with reasonable care and skill, and everything we say about a product is our honest description of it. BEYOND THAT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not warrant that the site will be uninterrupted or error free. Some states do not allow the exclusion of implied warranties, so parts of this may not apply to you.

Limitation of liability

We are responsible for foreseeable loss caused by our breaking these terms. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER OR YOUR USE OF THE SITE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS.

Nothing in these terms limits liability that cannot legally be limited, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. Some states do not allow certain limitations, so parts of this may not apply to you.

Indemnification

You agree to indemnify and hold harmless Wagvive and its officers, employees and agents from any claim, loss, liability or reasonable cost arising out of your misuse of this site, your breach of these terms, or your violation of any law or the rights of a third party.

Events outside our control

We are not liable for delay or failure caused by events outside our reasonable control, including extreme weather, carrier failure, strikes, epidemic, war, government action, customs delay, or supplier or platform outage. If one happens we will tell you, and you may cancel any order that has not shipped.

Dispute resolution and binding arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury decide your claim.

1. Informal resolution first. Most problems can be sorted out quickly. Before starting arbitration, you agree to email hello@wagvive.com describing the dispute and the resolution you want, and to give us 60 days to resolve it. We agree to do the same before bringing a claim against you. This step is a condition of starting arbitration, and the time limit for bringing a claim pauses while it runs.

2. Agreement to arbitrate. If we cannot resolve it, you and Wagvive agree that any dispute, claim or controversy arising out of or relating to these terms, your purchases from us, or your use of this site will be resolved by binding individual arbitration rather than in court, except as stated in paragraph 3. This agreement is governed by the Federal Arbitration Act.

3. Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also ask a court for an injunction or other equitable relief to protect intellectual property or to stop unauthorized use of the site. Nothing here prevents you from reporting a matter to a government agency.

4. Class action and jury waiver. ARBITRATION WILL BE ON AN INDIVIDUAL BASIS ONLY. YOU AND WAGVIVE WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding. If this paragraph is found unenforceable as to a particular claim, then that claim alone is severed from arbitration and proceeds in court, and the rest of this section still applies to all other claims.

5. How arbitration works. Arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, available at adr.org. The arbitrator is bound by these terms. Filing and arbitrator fees are governed by the AAA consumer fee schedule, which caps what a consumer pays. Arbitration will be held in the county where you live, or by telephone or video, or on documents alone, at your choice. The arbitrator may award any relief a court could award to you individually, and the award may be entered as a judgment in any court with jurisdiction.

6. Coordinated filings. If 25 or more similar arbitration demands are filed against us by or with the assistance of the same law firm or coordinated group, the AAA will administer them in batches of no more than 50, with a single arbitrator per batch and a single set of filing fees per batch, and the time limit for bringing a claim pauses for all claims in the queue until their batch is resolved. This is intended to keep costs proportionate for everyone, not to delay any individual claim.

7. Who decides what. The arbitrator decides all issues, including the scope, interpretation and enforceability of this arbitration agreement, except that a court decides any challenge to the class action waiver in paragraph 4.

8. Your right to opt out. You can opt out of this arbitration agreement. Email hello@wagvive.com with the subject line "Arbitration opt-out" within 30 days of your first purchase, including your name and the email address on your order. Opting out costs you nothing, does not affect your order, your returns, or anything else in these terms, and we will not treat you differently for it. If you opt out, disputes are resolved in court as described under Governing law.

9. Survival. This section survives the end of your relationship with us.

Time limit for claims

To the fullest extent permitted by law, any claim arising out of or relating to these terms or your purchases must be brought within one year after it arises, or it is permanently barred. Some states do not allow this limit, so it may not apply to you.

Governing law and venue

These terms are governed by the laws of the State of New York, without regard to its conflict of law rules. For any dispute not subject to arbitration, you and Wagvive agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive any objection to that venue. Nothing here deprives you of the protection of mandatory consumer laws of the state where you live.

Electronic communications

By using the site you agree that we may communicate with you electronically, and that emails and on-site notices satisfy any legal requirement that a communication be in writing. You consent to the use of electronic records and signatures. Marketing email is separate and always optional: every marketing message has an unsubscribe link, and unsubscribing never affects order updates.

Changes to these terms

We may update these terms. The version in force for an order is the one published when you place it. Material changes take effect for future orders, and continuing to use the site after a change means you accept the updated terms.

General

If any part of these terms is found unenforceable, the rest still applies, and the unenforceable part is limited to the minimum extent necessary. Our not enforcing a term is not a waiver of it. You may not assign these terms; we may assign them if our business is sold, and your rights are unaffected. These terms, with the policies they refer to, are the entire agreement between us and replace any earlier understanding. Sections covering content, acceptable use, warranties, liability, indemnification, arbitration, time limits and governing law survive termination. Headings are for convenience only. There are no third-party beneficiaries. Notices to us go to hello@wagvive.com or Wagvive, 333 Pearl St, 18H, New York, NY 10038, United States; notices to you go to the email on your order.