Yappy Paw — Terms of Use & Conditions of Sale

Last Updated: July 4, 2026

IMPORTANT — PLEASE READ CAREFULLY

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SEE SECTIONS 19–23) THAT AFFECT YOUR LEGAL RIGHTS. DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 24.

BY ACCESSING OR USING OUR WEBSITE OR PURCHASING FROM US, YOU ACCEPT AND ARE BOUND BY THESE TERMS IN THEIR ENTIRETY.

1. Acceptance of Terms

These Terms are a legally binding agreement between you and Yappy Paw, a limited liability company organized under the laws of the State of New York. Yappy Paw is a brand, website, and online store owned and operated by Yappy Paw, which may also own and operate other brands, websites, and stores. All references in these Terms to “Yappy Paw,” “we,” “us,” or “our” mean Yappy Paw, acting in connection with the Yappy Paw brand and the yappypaw.com Website. All rights, protections, disclaimers, and limitations in these Terms that run in favor of “Yappy Paw” run in favor of Yappy Paw and its affiliates, officers, directors, employees, and agents.

These Terms and Conditions (“Terms”) govern your access to and use of yappypaw.com, including any related subdomains, checkout funnels, landing pages, and mobile experiences (collectively, the “Website”), and any purchase of products or pet flotation devices, life vests, accessories, and related pet products (“Products”) offered through the Website.

By accessing or using the Website, creating an account, clicking “I Agree,” or purchasing any Product, you:

• Represent that you are at least eighteen (18) years of age;
• Represent that you have full legal capacity to enter into a binding agreement;
• Agree to be bound by these Terms in their entirety.

If you do not agree, you must not access or use the Website.

1.1 Electronic Assent; Clickwrap

When you click the 'Continue' button in your cart to proceed to checkout, a conspicuous notice displayed directly above that button states that by continuing you agree to these Terms, including the binding arbitration agreement and class-action waiver in Sections 19–24. Your decision to click 'Continue' after being shown that notice constitutes your affirmative assent and legally binding electronic consent to these Terms.

1.2 Modifications to Terms

We may revise these Terms at any time in our sole discretion. If changes are material, we will provide reasonable notice via email, account notification, or website banner. Your continued use of the Website after changes become effective constitutes acceptance of the revised Terms.

2. Website Use & Access

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial use. We reserve the right to modify or discontinue any part of the Website, restrict or terminate access, or refuse service to any user at any time and for any reason. We are not liable if the Website becomes unavailable.

3. Account Security

If you create an account, you must provide accurate and current information. You are responsible for maintaining the confidentiality of your login credentials and must notify us immediately at support@yappypaw.com of any unauthorized access. We may disable accounts at our discretion for violations of these Terms.

4. Prohibited Uses

You agree not to:

• Violate any applicable law or regulation;
• Scrape, crawl, or use automated means to access the Website;
• Interfere with Website security or functionality;
• Upload malicious code or viruses;
• Engage in fraudulent or deceptive conduct;
• Impersonate any person or entity;
• Attempt unauthorized access to systems or data;
• Infringe any intellectual property or privacy rights;
• Collect personal information of other users.

We reserve the right to investigate and pursue violations to the fullest extent permitted by law and may terminate your access without notice.

5. Intellectual Property

All Website content — including text, images, graphics, trademarks, logos, software, and design elements — is owned by or licensed to Yappy Paw. You may not reproduce, distribute, modify, or exploit Website content without our prior written consent. No rights are granted except as expressly provided herein.

6. Products; Intended Use; Safety Warnings; Disclaimers

Yappy Paw Products, including the Floaty™ Dog Life Vest and related pet flotation products, are designed to provide buoyancy assistance for dogs during supervised recreational water activities and must be used only in accordance with all instructions, warnings, sizing guidance, and safety information provided by Yappy Paw.

FLOATY™ IS NOT A LIFESAVING DEVICE.

FLOATY™ IS NOT INTENDED, REPRESENTED, OR GUARANTEED TO PREVENT DROWNING, SUBMERSION, INJURY, ILLNESS, PANIC, EXHAUSTION, OR DEATH.

NO PET FLOTATION PRODUCT CAN ELIMINATE ALL RISKS ASSOCIATED WITH WATER ACTIVITIES.

DOGS MUST BE SUPERVISED AT ALL TIMES IN OR AROUND WATER, REGARDLESS OF WHETHER THEY ARE WEARING A FLOATY™ PRODUCT.

You are solely responsible for:

• Supervising your dog at all times;
• Determining whether the Product is appropriate for your dog;
• Selecting the proper size and fit;
• Ensuring all straps, buckles, closures, and adjustment points are properly secured;
• Inspecting the Product before each use;
• Monitoring your dog’s condition, swimming ability, fatigue level, and behavior while using the Product.

Weight ranges, breed recommendations, size charts, photographs, videos, examples, and sizing guidance are provided for informational purposes only. Dogs vary significantly in body shape, weight distribution, coat thickness, chest size, neck size, age, health condition, and swimming ability. No sizing recommendation is guaranteed to fit every dog. You are solely responsible for selecting and verifying proper fit before each use.

Before each use, you should inspect the Product for damage, tears, excessive wear, broken buckles, loose stitching, deterioration of flotation materials, or any condition that may impair performance. Do not use a damaged, altered, modified, or excessively worn Product. Flotation materials, fabrics, stitching, buckles, straps, closures, and other Product components may degrade over time due to normal use, age, sunlight exposure, ultraviolet (UV) exposure, saltwater exposure, chlorine exposure, environmental conditions, storage conditions, improper maintenance, or other factors. Users are solely responsible for regularly inspecting the Product and determining whether it remains suitable for safe use.

The Product is intended only for normal recreational water activities and is not intended for use in dangerous currents, floodwaters, whitewater conditions, rough surf, severe weather, hazardous marine conditions, or any environment presenting elevated risk to the dog or owner.

Product performance may vary based on numerous factors including:

• Dog size;
• Breed;
• Weight;
• Age;
• Physical condition;
• Health condition;
• Swimming ability;
• Fatigue level;
• Water conditions;
• Environmental conditions;
• Proper sizing and fit;
• Proper use of the Product.

Descriptions of buoyancy assistance, flotation support, head support, chin support, rescue handles, lifting features, or similar Product features describe intended functionality only and do not constitute guarantees of performance, flotation, safety, or outcome.

Yappy Paw does not represent or warrant that any dog will remain afloat, maintain a particular body position, keep its head above water, avoid submersion, avoid panic, avoid fatigue, avoid injury, or avoid drowning while using the Product.

The rescue handle is intended solely as an aid to assist owners in handling, guiding, or lifting a dog and may not be appropriate or effective in all circumstances. The rescue handle is not intended to support every dog in every circumstance. Users should use caution when lifting dogs and should not rely upon the rescue handle as the sole means of rescue, recovery, transport, or extraction from water. Users assume all risks associated with lifting or handling their dogs.

Water activities inherently involve risks that cannot be eliminated, including risks of drowning, injury, illness, exhaustion, panic, collision, entrapment, property damage, and death. By purchasing or using the Product, you voluntarily assume all risks associated with its use and participation in water-related activities.

Yappy Paw shall not be responsible for injuries, losses, damages, veterinary expenses, property damage, or claims resulting from:

• Improper use;
• Improper sizing;
• Improper fit;
• Failure to supervise;
• Failure to inspect the Product;
• Product modification;
• Product misuse;
• Use contrary to instructions or warnings;
• Use in dangerous water conditions;
• Normal wear and tear.

All information provided on the Website, including product descriptions, usage guidance, videos, demonstrations, testimonials, reviews, advertisements, social media content, and other content, is provided solely for general informational purposes. Individual results may vary.

No information provided by Yappy Paw, whether on the Website, in product materials, packaging, advertisements, social media content, videos, demonstrations, customer service communications, or otherwise, constitutes veterinary, medical, behavioral, training, or safety advice. Users should consult qualified professionals regarding their dog’s individual needs and circumstances.

6.1 Reliance Disclaimer

Any reliance you place on information presented on or through the Website is strictly at your own risk. Yappy Paw disclaims all liability and responsibility arising from any reliance placed on Website materials, product descriptions, videos, demonstrations, testimonials, advertisements, social media content, customer reviews, usage guidance, or third-party materials appearing on the Website.

6.2 Persons Acting on Your Behalf

If you permit any other person to use, fit, supervise, or handle the Product on your behalf or on behalf of your dog — including household members, family, friends, agents, employees, sitters, or caretakers — you represent that you have made them aware of these Terms and all applicable warnings, instructions, and safety information, and you remain responsible for their acts and omissions in connection with the Product. You agree that such persons are bound by the acknowledgments, assumption of risk, and disclaimers set forth in this Section 6 to the fullest extent permitted by law.

6.3 Incorporation of Product Labeling and Instructions

All warnings, safety instructions, sizing guidance, care instructions, and other information printed on the Product, its packaging, hang tags, inserts, or accompanying materials are incorporated into these Terms by reference and form part of the safety and assumption-of-risk terms applicable to the Product. In the event of any conflict, the more protective warning or instruction shall control. You agree to read and follow all such materials before and during each use.

6.4 Swimming Ability; Acclimation and Training

The Product is a buoyancy aid intended to assist dogs that are already able to swim. It is not a substitute for your dog's swimming ability and will not make a dog that cannot swim able to swim or remain safe in water. You are solely responsible for ensuring that your dog is able and comfortable swimming before using the Product. You should introduce the Product gradually and acclimate and train your dog to water and to wearing the Product before use. Proper conditioning, training, and familiarity with water help the Product assist your dog more effectively, but do not guarantee flotation, performance, safety, or any particular outcome.

6.5 Hazardous Conditions and Environments

You are solely responsible for assessing water, weather, and environmental conditions before allowing your dog to enter the water. Do not use the Product in, and do not allow your dog to enter, hazardous or high-risk environments, including but not limited to strong, unpredictable, or fast-moving currents, tides, undertows, or riptides; waves, surf, or rough, choppy, or open water; deep water; very cold water; floodwaters, whitewater, or rapids; storms or severe weather; or any body of water containing submerged hazards, holes, drop-offs, ledges, obstacles, debris, vegetation, or entrapment risks. The Product is a buoyancy aid intended for calm, supervised, recreational water activities only. It cannot and does not protect against, prevent, or rescue a dog from drowning, submersion, injury, exhaustion, or death in dangerous, rough, or unpredictable conditions, and no flotation product can eliminate these risks. You voluntarily assume all risks associated with water, weather, and environmental conditions.

7. Electronic Communications; Consent

By using the Website, creating an account, or making a purchase, you consent to receive electronic communications from us, including order confirmations, shipping notifications, customer service communications, and marketing communications (if opted in). You may opt out of marketing emails via the unsubscribe link in such communications. Electronic communications satisfy any legal requirement that such communications be in writing.

8. Privacy; Cookies & Tracking

All information we collect is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Website uses cookies, pixels, and similar tracking technologies operated by us and third parties to enhance user experience, analyze Website performance, personalize content, and support advertising and marketing activities. For more information, please review our Privacy Policy.

9. Payments & Billing

9.1 Orders as Offers

An order submitted by you constitutes an offer to purchase Products. All orders are subject to acceptance by Yappy Paw. We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud, pricing errors, or product unavailability. Prices are listed in U.S. dollars and are subject to change without notice.

9.2 Payment Authorization

By providing a payment method, you represent and warrant that you are authorized to use that payment method and that all payment information provided is accurate and current. You authorize Yappy Paw to charge your payment method for Products purchased, shipping charges, applicable taxes, and any other disclosed fees. If payment is declined, we may suspend or cancel your order.

We may receive updated card information from your issuer (such as updated card numbers or expiration dates) and update your account accordingly. If you wish to opt out of this service, contact your card issuer. You are responsible for any bank or card fees. If a charge is reversed, we may invoice you directly and seek payment by another method.

9.3 Third-Party Payment Processors

Payments may be processed through third-party providers. Your use of such providers is subject to their terms and privacy policies. Yappy Paw is not responsible for payment processor errors.

10. Shipping; Title; Risk of Loss

Products are shipped via third-party carriers to addresses in the U.S. and select international locations available at checkout. Accurate shipping address and phone number are required. We are not responsible for delays or non-delivery due to incorrect addresses provided by you. Contact support@yappypaw.com immediately for address changes; we cannot guarantee edits after an order is submitted.

Unless otherwise required by law, title and risk of loss transfer to you upon delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. International customers are responsible for any customs duties and import taxes.

11. Delivery Confirmation

Carrier delivery confirmation shall be deemed conclusive proof of delivery to the address provided by you, even without a signature. You agree that such confirmation constitutes sufficient evidence of delivery for purposes of resolving disputes, including chargebacks or claims of non-delivery.

12. Returns & Refunds

Please review our Refund Policy for complete terms. Unless otherwise stated in the Refund Policy, all sales are final. Refunds, where applicable, are processed to the original payment method. Bank posting times vary. Shipping and handling fees are non-refundable.

13. SMS / Mobile Messaging Program

Yappy Paw may offer a mobile messaging program. By opting in, you expressly consent to receive recurring autodialed or prerecorded marketing and transactional text messages from or on behalf of Yappy Paw at the mobile number provided. Consent is not a condition of purchase. Message frequency varies; message and data rates may apply.

You may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. Carriers are not liable for delayed or undelivered messages. You may not participate in the messaging program if you are under thirteen (13) years of age.

14. User Content; Reviews & Submissions

By submitting reviews, testimonials, comments, or other content (“User Content”), you grant Yappy Paw a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from such content for business and marketing purposes. You represent and warrant that you own or control all rights in the User Content, that it does not violate third-party rights, and that it is truthful and not misleading.

We reserve the right, but not the obligation, to remove or refuse to post User Content and to terminate or suspend user access for violations. We reserve the right to cooperate fully with any law enforcement authorities or court order directing us to disclose user information. You waive and hold harmless Yappy Paw from any claims arising from such disclosures made in good-faith compliance with legal obligations.

15. Disclaimer of Warranties

THE WEBSITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAPPY PAW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AND AVAILABILITY. YAPPY PAW DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty lasts, so some or all of the above exclusions may not apply to you. In such jurisdictions, any implied warranties are limited in duration and scope to the shortest period and narrowest scope permitted by applicable law. Nothing in this Section is intended to exclude or limit any warranty or remedy that cannot be excluded or limited under applicable law, including under the federal Magnuson-Moss Warranty Act where a written warranty is provided.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YAPPY PAW OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF USE, PROPERTY DAMAGE, OR VETERINARY EXPENSES, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY PRODUCT PURCHASE, OR ANY ADVERTISING OR MARKETING PRACTICES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF YAPPY PAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAPPY PAW SHALL NOT BE LIABLE FOR ANY DROWNING, SUBMERSION, INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, VETERINARY EXPENSES, OR OTHER LOSSES ARISING FROM OR RELATED TO THE USE, MISUSE, IMPROPER FITTING, IMPROPER SUPERVISION, IMPROPER MAINTENANCE, FAILURE TO FOLLOW PRODUCT INSTRUCTIONS, OR INABILITY TO USE ANY PRODUCT. DOG LIFE VESTS, FLOTATION DEVICES, CHIN-FLOAT FEATURES, RESCUE HANDLES, AND RELATED PRODUCT FEATURES ARE PROVIDED TO ASSIST IN BUOYANCY AND WATER SAFETY BUT ARE NOT GUARANTEED TO PREVENT DROWNING, SUBMERSION, INJURY, OR DEATH. USERS ASSUME ALL RISKS ASSOCIATED WITH WATER ACTIVITIES AND THE USE OF THE PRODUCTS.

16.1 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAPPY PAW’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO YAPPY PAW DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

16.2 Allocation of Risk

You acknowledge that the pricing of Products reflects the allocation of risk set forth in this Section and that Yappy Paw would not enter into these Terms without these limitations.

16.3 Non-Waivable Rights; Application of Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or the limitation of liability for personal injury, death, gross negligence, fraud, or willful misconduct. Nothing in these Terms excludes or limits any liability, right, or remedy that cannot be excluded or limited under applicable law. In jurisdictions that do not allow some or all of the exclusions or limitations set forth in this Section, Yappy Paw’s liability shall be limited to the greatest extent permitted by applicable law, and the limitations, caps, and exclusions in this Section shall apply only to the extent permitted. If any such limitation is held unenforceable as to a particular claim, it shall remain in full force and effect as to all other claims.

17. Indemnification

You agree to defend, indemnify, and hold harmless Yappy Paw and its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, and successors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Website or Products, your violation of any law, or your violation of any third-party rights. Yappy Paw reserves the right to assume exclusive defense and control of any matter subject to indemnification.

18. Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED. THIS PROVISION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. WHERE APPLICABLE LAW DOES NOT PERMIT THE SHORTENING OF A LIMITATIONS PERIOD (INCLUDING FOR CERTAIN PERSONAL-INJURY OR WRONGFUL-DEATH CLAIMS OR CLAIMS BY MINORS), THE PERIOD PERMITTED BY LAW SHALL APPLY.

19. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND YAPPY PAW AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

19.1 Agreement to Arbitrate

You and Yappy Paw agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Website, any Product, or any advertising or marketing practices, or any alleged misrepresentation (collectively, “Dispute”) shall be resolved exclusively through binding arbitration on an individual basis. The term “Dispute” shall be interpreted broadly.

19.2 Federal Arbitration Act

These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation, enforcement, and proceedings under this arbitration agreement. The arbitrator shall decide all threshold issues of arbitrability, including scope, validity, and enforceability.

19.3 Mandatory Pre-Arbitration Notice

Before initiating arbitration, the initiating party must send a written Notice of Dispute by certified mail including: full name, mailing address, email associated with the account, description of the claim, and specific relief sought. Notice to Yappy Paw must be sent to:

Yappy Paw, Attn: Legal Department, 54 State Street, Albany, NY 12207

The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration. Neither party may file arbitration before the expiration of this 30-day period.

19.4 Reservation of Self-Help Remedies

Nothing in this Section prevents Yappy Paw from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.

19.5 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules before a single neutral arbitrator. If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider; if they cannot agree, a court shall appoint the provider. The arbitrator is authorized to award all remedies available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief, and attorneys' fees where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis.

19.6 Arbitration Cost Allocation

Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. To the extent required by those rules, Yappy Paw will bear arbitration fees in excess of the amount you would be required to pay to file a comparable action in court. Each party shall bear its own attorneys' fees unless otherwise provided by law.

19.7 Small Claims Exception

Either party may bring an individual action in small claims court.

19.8 Equitable and Protective Relief

Notwithstanding the foregoing, Yappy Paw may seek temporary, preliminary, or permanent injunctive or equitable relief in state or federal courts located in New York for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or violation of these Terms in a manner that threatens irreparable harm. You consent to the exclusive jurisdiction and venue of such courts for these limited purposes.

19.9 Public Injunctive Relief

To the extent applicable law prohibits the waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. All other claims seeking monetary, individualized, or non-public injunctive relief shall remain subject to binding arbitration as set forth herein. This provision shall not be severable from the remainder of this Section except as required by law.

19.10 Confidentiality

The parties agree to maintain the confidentiality of the arbitration proceedings, filings, hearings, and awards except: (a) as necessary to prepare for or participate in arbitration; (b) as necessary to enforce, confirm, modify, or vacate an award; (c) as required by law; (d) as required by court order; or (e) when communicating with a governmental or regulatory authority. Nothing in this Section prohibits a party from reporting concerns to, or cooperating with, governmental agencies.

20. Class Action Waiver

YOU AND YAPPY PAW AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, SERVE AS A CLASS REPRESENTATIVE, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS PROCEEDINGS.

If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court on an individual basis only, and all remaining claims shall remain subject to arbitration.

21. Mass Action Waiver

No Dispute shall be brought as a “Mass Action.” A “Mass Action” means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without Yappy Paw’s consent.

21.1 Batching Procedure

If Mass Action conditions are met, claims shall be grouped in batches of no more than fifty (50) claimants, with only one batch proceeding at a time and a separate arbitrator appointed per batch. Statutes of limitation shall be tolled during the batching period.

21.2 Special Master

A neutral Special Master may be appointed to resolve procedural disputes regarding Mass Action administration.

22. Survival of Arbitration Agreement

This arbitration agreement, together with the class action waiver, mass action waiver, and jury trial waiver, shall survive the termination or suspension of your account, the end of your relationship with Yappy Paw, and any expiration or termination of these Terms. It shall continue to apply to any Dispute arising out of or relating to purchases, Website use, or communications occurring before or after such termination, to the fullest extent permitted by law.

23. Jury Trial Waiver

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND YAPPY PAW WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

24. Opt-Out Right

You may opt out of the arbitration agreement within thirty (30) days of first acceptance of these Terms by sending written notice via certified mail to Yappy Paw. Attn: Legal Department, 54 State Street, Albany, NY 12207. Your opt-out notice must include your name, address, email, and a clear statement of your intent to opt out. Opting out does not affect your other rights or obligations under these Terms.

25. Claim-Specific Severability

If any portion of the arbitration agreement is found unenforceable as to a specific claim, that claim shall proceed in court while all other claims remain subject to arbitration.

26. Governing Law

Except as otherwise provided in Section 19, these Terms shall be governed by the laws of the State of New York, without regard to conflict-of-law principles. Any claim permitted to proceed in court shall be brought exclusively in the state or federal courts located in New York, and you and Yappy Paw consent to personal jurisdiction and venue in those courts. Nothing in this Section deprives a consumer of the protection of any mandatory, non-waivable provisions of the law of the jurisdiction in which the consumer resides.

27. Force Majeure

Yappy Paw shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond our reasonable control, including acts of God, natural disasters, pandemic or public health emergencies, labor disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages, or carrier delays. Performance shall be excused for the duration of such event.

28. Third-Party Websites & Links

We may link to third-party websites. We are not responsible for their content, practices, accuracy, or legality. Use them at your own risk and review their terms and privacy policies.

29. DMCA Notice; Intellectual Property

If you believe content on the Website infringes your copyright, please send notice to support@yappypaw.com with: (i) identification of the copyrighted work; (ii) identification of the infringing material and its location; (iii) your contact information; (iv) a statement of good-faith belief; and (v) a statement of accuracy under penalty of perjury. All Website content is owned or licensed by Yappy Paw. No license is granted except for personal, non-commercial use.

30. Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment in violation of this Section is null and void. Yappy Paw may assign or transfer these Terms, in whole or in part, without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

31. No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Yappy Paw.

32. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions.

33. Termination

These Terms remain in effect until terminated. We may terminate or suspend your access at any time for violations. Provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and payment obligations survive termination.

34. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire and integrated agreement between you and Yappy Paw regarding your use of the Website and purchase of Products. No ambiguity shall be construed against the drafting party.

35. Contact Information

For questions regarding these Terms, please contact us at:

Yappy Paw 

Legal Department

54 State Street, Albany, NY 12207

Email: support@yappypaw.com