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Terms Of Service

TERMS OF SERVICE

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OVERVIEW

This website is owned and operated by Peter Dertsakyan, and or his designatedassignees, under the brand name Bristly by Empawer™ (“”). Throughout the site, the terms “we”, “us” and “our” refer to Empawer. Empawer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site atwww.bristly.com/pages/terms-of-service and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform including payment services that allow us to sell our products and services to you. By utilizing our site and the Shopify payment platform, you expressly agree to be bound by Shopify’s terms of service located at https://www.shopify.com/legal/terms and their privacy policy located at https://www.shopify.com/legal/privacy

DEFINED SITE TERMS

For purposes of this Agreement, the following terms shall have the meaning ascribed to them as defined below:

“Intellectual Property”means any invention, idea, discovery, concept, trade name, trademark, copyright, patent, right of publicity, mask work or any other material subject to, protected under state, federal, or foreign patent, copyright, trade secret, trademark, rights of publicity, or similar laws. 

 

“Intellectual Property Rights”means, with respect to any data, device, or other asset of any kind, all copyright, patent, trade secret, database, moral, termination, authorship and other proprietary rights relating to any such data, device, object code, source code or other asset including, without limitation, all rights necessary for the worldwide development, manufacture, modification, enhancement, sale, licensing, use, reproduction, publishing and display of such data, device, object code, source code or other asset.

SECTION 1 – SERVICE USE REQUIREMENTS

Age Restrictions. The Services provided by Empawer are only available to individuals 13 years or older.  However, a legal parent or guardian may establish an account for an individual 13 years or under with the understanding that they will supervise said minor’s use of the services. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.

Empawer does not collect, use or disclose personal information from minor children under 13 years of age without verified parental consent.

Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.

User Accounts and Devices. Empawer reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.

Service Availability. Empawer’s services and its related features may not be available in all languages and/or all countries.  Given this possibility, Empawer makes no representation that its services and related features are appropriate or available for use in any specific location.  In your election to use and access the services, you do so upon your own initiative and compliance with local laws.

Changes to Services. Empawer reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time.  Empawer will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you.  Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms.  If you do not agree to Empawer’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Merchandise Purchases—(Terms of Sale and Risk of Loss). Empawer’s website(s) allow a registered user the ability to purchase specific merchandise through our online store.  We solely determine what merchandise will be sold through our site as well as all pricing discounts, offers, incentives, coupons and coupon codes that we may offer from time to time.  For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by Empawer. We retain the right to refuse any request to purchase made by you for any reason whatsoever.

Prior to Empawer accepting any order, we have right to verify any information you send to us. Empawer reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, Empawer reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Empawer shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Empawer shall credit your account in the amount of the incorrect price.

We make every effort possible to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.

THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER.

In the event you desire to return a product(s), you have seven (7) days from receipt of delivery to return the product(s) to us in accordance with our Returns Policy below.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
In order to enjoy and purchase products from our services, you agree to make payment with appropriate currency when shopping in our online store hosted by Shopify.  As Shopify serves as our e-commerce solution provider, you expressly agree to be bound by their terms of service located at https://www.shopify.com/legal/terms and privacy policy located at https://www.shopify.com/legal/privacy

      Once you have created an appropriate account, you will be directed to our payment page whereby you will be alerted to payment options to access our online store as governed by Shopify.

Billing Support

For billing support, you can email our billing support team at woof@bristly.com.  The email provided is for billing related inquiries only.  Technical issues related to our Empawer platform and services will not be addressed at this email.  For non-billing issues, please contact our technical support at pupstomer.service@bristly.com

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – REFUNDS POLICY

What is the Empawer Refunds Policy?

For any reason you are not satisfied with our Empawer Products, please let us know. Our return policy may include a refund to the customer, depending on the nature of the situation. Please read below for further details.

Pet Preferences.We realize that every pet is unique and subject to its individual chew toy preferences.  In some cases this may result in a pet not engaging with the product or utilizing it in the way the product was designed.  We kindly ask that each owner evaluate their pet’s behavioral preferences before purchasing an Empawer product.

Compliance with Use Instructions. Each Empawer product purchased through our Site comes with specific use instructions in order to maximize the benefits to your pet and ensure their safety.  In the event the product use instructions are not properly followed, Empawer cannot refund fees paid for the product(s) purchased. For example, each product(s) is designed to be used in specific chew areas.  Wear and tear realized outside of these specific chew areas will not result in refunds for purchased products

Product Defects.In the event you believe your purchased product is defective, please return the unused product in its original packaging via pre-paid postage.  Once we have evaluated and determined a returned product to be defective, we will replace or refund the product at your election.

Return Evaluation.  In order for us to refund or replace a product, you must return the unused product(s) purchased through our site in its original packaging via pre-paid postage. Once we have evaluated and determined a returned product to be defective, we will replace or refund the product at your election.

Please do not hesitate to contact Empawer customer support at our contact page located at https://www.bristly.com/pages/contact-us for assistance. Contacting customer support directly will be the fastest way to request and process a return or refund.

Once receipt of the Empawer Product(s) has been evaluated and confirmed by Empawer, we will process a refund or return within 2-4 business days. It may take up to 7 days after we process your return to reflect on your bank statement.

THE REFUNDS STATED ABOVE WILL NOT APPLY TO ANY DAMAGES TO THE PRODUCT(S) CAUSED BY THE CUSTOMER AND AS DETERMINED BY EMPAWER IN ITS SOLE DISCRETION.


SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

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

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14- EMPAWER’S PROPRIETARY RIGHTS 

As a condition to using Empawer’s services, you acknowledge and agree that Empawer and/or its licensors own all legal right, title, and interest to all Services.  By way of example, these rights include but are not limited to the following: Empawer graphics, user interface, scripts and software used to implement the services, and any software that Empawer may provide you with in connection to the services.  The described rights also include any and all intellectual property rights that reside therein, whether registered or not, and wherever in the world they may exist.  You further agree that you will not use and/or reproduce any of this proprietary information in any way whatsoever except as defined by this Agreement. 

Copyright and Trademark(s). Empawer and its related trademark(s), copyrights, designs, logos, service marks, etc. are trademarks or registered trademarks of Peter Dertsakyan in the US and abroad where applicable.  Empawer does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the Empawer marks contained in any portion of the services. 

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Empawer, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Empawer. Any rights not expressly granted herein are reserved by Empawer.


SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Empawer, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Empawer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

Empawer may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason.  Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities.  Any account termination or suspension by Empawer shall be made in its sole discretion and Empawer will not be responsible to you and/or any third parties for alleged resulting damages whatsoever. 

Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content.  After a period of time, as determined by Empawer, all data and information stored via your account shall be deleted. 



SECTION 19 – GENERAL PROVISIONS


Governing Law.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California100 N. Brand Blvd Glendale California US 91203. You agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles, California to resolve all disputes, claims, or allegations arising from this Agreement.

Changes to Terms of Service.

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and Empawer.  This Agreement governs your use of Empawer services and replaces any other prior agreements between you and Empawer in relation to the services.  In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.  If Empawer does not exercise or enforce any right or provision of this Agreement, then that does not constitute a waiver of such right or provision.  You agree that there shall be no third-party beneficiaries to this agreement.

Empawer as defined by this Agreement:

     Bristly by Empawer is owned by Peter Dertsakyan at 827 Hollywood Way #465, Burbank CA. 91505.

Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically.  YOUR ELECTRONIC SUBMISSSION TO EMPAWER ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY.  In order to access and store your electronic transaction records with Empawer, you accept full responsibility for installing required hardware and software.

 Contact Information

Questions about the Terms of Service should be sent to us at woof@bristly.com

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