Terms of Service

Terms of Service

Overview

This website is operated by HeyWoofie (“we,” “us,” or “our”). We provide the Site, information, tools, and services to you, the user, conditioned upon your acceptance of these Terms of Service (“Terms”) and the policies referenced here.

By visiting our Site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms. These Terms apply to all users, including browsers, vendors, customers, merchants, and contributors of content. If you do not agree, do not access or use the Site.

Any new features or tools added to the store are also subject to these Terms. We may update these Terms at any time by posting changes on this page. Your continued use of the Site constitutes acceptance of the updated Terms.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province, or you are the age of majority and have provided consent for any minor dependents to use the Site.
You may not use the Service for any unlawful or unauthorized purpose or violate any laws in your jurisdiction.
You must not transmit worms, viruses, or destructive code.
A breach of any Term may result in immediate termination of your access to the Service.

2. General Conditions

We reserve the right to refuse service to anyone, for any reason, at any time.
Content (excluding credit card data) may be transferred unencrypted over various networks and adapted to technical requirements. Credit card information is always encrypted during network transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Headings are for convenience only and do not limit these Terms.

3. Accuracy, Completeness & Timeliness of Information

We are not responsible if information on the Site is inaccurate, incomplete, or not current. Content is provided for general information and should not be the sole basis for decisions. Historical information is provided for reference only. We may modify Site contents at any time with no obligation to update information.

4. Modifications to the Service and Prices

Prices are subject to change without notice.
We may modify or discontinue the Service (or any part of it) at any time without notice.
We are not liable to you or third parties for any modification, price change, suspension, or discontinuance.

5. Products or Services

Some products or services may be available exclusively online and may have limited quantities; returns or exchanges follow our Refund Policy.
We strive to display product colors and images accurately but cannot guarantee your monitor’s display.
We may limit sales to any person, region, or jurisdiction and limit quantities. Descriptions and pricing may change at any time. We may discontinue any product at any time.
We do not warrant that products, services, information, or other material will meet your expectations or that Service errors will be corrected.

6. Accuracy of Billing & Account Information

We may refuse any order and, in our discretion, limit or cancel quantities per person, per household, or per order (including orders with the same account, card, or billing/shipping address). We may attempt to notify you via the contact information provided.
You agree to provide current, complete, and accurate purchase and account information and promptly update details (including email and payment methods) so we can complete transactions and contact you as needed.
See our Refund Policy for more detail.

7. Optional Tools

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. We have no liability arising from your use of such tools.
Any new services or features on the Site will also be subject to these Terms.

8. Third-Party Links

The Service may include materials from third parties and links to third-party websites. We are not responsible for examining or evaluating content or accuracy and assume no liability for third-party materials, websites, products, or services. Review third-party policies before engaging in transactions. Complaints or questions should be directed to the third party.

9. User Comments, Feedback & Submissions

If you submit ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree we may edit, copy, publish, distribute, translate, and use them in any medium, without restriction or obligation to: (1) keep them confidential; (2) compensate you; or (3) respond.
We may monitor, edit, or remove content we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates IP rights or these Terms.
You agree your comments will not violate any rights of others and will not contain unlawful, abusive, or obscene material or malware. You may not use a false email, pretend to be someone else, or mislead us or third parties. You are solely responsible for your comments.

10. Personal Information

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

11. Errors, Inaccuracies & Omissions

From time to time the Site or Service may contain typographical errors or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We may correct errors and update or cancel orders if information is inaccurate, at any time without prior notice (including after you submit your order).
We undertake no obligation to update information except as required by law.

12. Prohibited Uses

In addition to other prohibitions, you are prohibited from using the Site or its content:
(a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate regulations, rules, laws, or ordinances; (d) to infringe IP rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload malware; (h) to collect or track personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to bypass security features. We may terminate your use for violating any prohibited use.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable.
You agree the Service and all products are provided “as is” and “as available” without any warranties, express or implied, including merchantability, fitness for a particular purpose, durability, title, or non-infringement (except where expressly stated otherwise).
In no event shall HeyWoofie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the Service or any product, even if advised of the possibility. In some jurisdictions limitations of liability are not allowed; in such cases, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless HeyWoofie and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or violation of any law or third-party rights.

15. Severability

If any provision of these Terms is unlawful, void, or unenforceable, that provision is enforceable to the fullest extent permitted, and the unenforceable portion is deemed severed without affecting the validity of remaining provisions.

16. Termination

Obligations and liabilities incurred prior to termination survive termination.
These Terms are effective unless terminated by you or us. You may terminate by notifying us or ceasing use of the Site.
If we believe you have failed to comply with these Terms, we may terminate this agreement at any time without notice and you remain liable for amounts due up to the termination date; we may also deny access to the Service.

17. Entire Agreement

These Terms and any policies posted on the Site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities in interpretation shall not be construed against the drafting party.

18. Governing Law

These Terms and any separate agreements under which we provide Services are governed by the laws of the United States, without regard to conflict-of-law principles.

19. Changes to Terms

You can review the most current Terms at any time on this page. We may update or replace any part of these Terms by posting changes. Your continued use of the Site after changes are posted constitutes acceptance.

20. Other Important Terms

We may transfer our rights and obligations under a contract to another organization; this will not affect your rights under these Terms. You may transfer your rights or obligations only with our written consent.
We contract with OpenBorder, Inc. (and its subsidiaries) to sell and deliver products to international consumers. If your order ships to supported countries (including Australia, EU member states listed, Canada, New Zealand, the UK, and others supported by OpenBorder), additional terms from OpenBorder may apply in addition to these Terms.

21. Contact Information

Questions about these Terms? Contact us at help@heywoofie.com.

Mobile Message Service Terms & Conditions

Last updated: 02/14/21 (date placeholder—update as needed)

The HeyWoofie mobile message service (the “Service”) is operated by HeyWoofie (“we,” “us”). By using the Service, you agree to these Mobile Terms. We may modify or cancel the Service or its features at any time, and we may modify these Mobile Terms; continued use after changes constitutes acceptance.

By consenting to HeyWoofie’s SMS/text service, you agree to receive recurring SMS/text messages to the mobile number you provide, including service-related messages (e.g., order updates) and promotional messages (e.g., specials, cart reminders). Messages may be sent using an automatic telephone dialing system or similar technology. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply.

Opt-Out: Reply STOP to the number that sent you messages (or use the unsubscribe link, where available) to cancel. You’ll receive a one-time confirmation text. For help, reply HELP or email help@heywoofie.com.
We may change the short code or phone number used for the Service; messages to a retired number may not be received. Carriers are not liable for delayed or undelivered messages. Provide a valid mobile number and re-subscribe if your number changes.

To the fullest extent permitted by law, we are not liable for failed, delayed, or misdirected delivery of information, errors, or actions taken in reliance on the Service.

Program Terms (SMS/MMS):

  • User Opt-In: You affirmatively opt in (e.g., via online forms). These terms apply regardless of opt-in method.

  • User Opt-Out: Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Variations or additional words may not be recognized.

  • Program Description: Messages may cover marketing, promotions, payment, delivery, and sale of products/services, including checkout reminders.

  • Cost & Frequency: Message/data rates may apply; frequency varies.

  • Support: Text HELP to the sending number or email help@heywoofie.com.

  • MMS Disclosure: If your device doesn’t support MMS, you will receive SMS in place of MMS.

  • Availability: The Program is offered “as is” and may not be available in all areas. Delivery depends on your carrier.

  • Participant Requirements: You must have a two-way messaging-capable device and a participating carrier.

  • Age Restriction: You must be at least 13; if 13–17, you must have parental/guardian permission.

  • Prohibited Content: You agree not to transmit prohibited content (e.g., unlawful, defamatory, discriminatory, obscene, or malicious content; malware; unlawful promotions; HIPAA-protected health information; or content prohibited by applicable law).

Dispute Resolution (SMS Program):
To the fullest extent permitted by law, disputes arising from or relating to the Program will be resolved by binding individual arbitration in West New York, New Jersey, under the AAA Commercial Arbitration Rules. The arbitrator will apply the substantive law of the U.S. federal judicial circuit where HeyWoofie’s principal place of business is located. No class or representative proceedings are permitted. If a dispute proceeds in court, the parties waive any right to a jury trial. This arbitration provision survives cancellation or termination of your participation.

Florida Law Notice: We endeavor to comply with the Florida Telemarketing Act and Florida Do Not Call Act where applicable. For compliance assumptions and opt-out exceptions, see our SMS notices at the time of opt-in.

Miscellaneous: You represent you have all necessary rights to agree to these terms. Failure to enforce any provision is not a waiver. If any provision is unenforceable, it will be limited to the minimum extent necessary. Updates to the Program are subject to these terms unless stated otherwise.