Terms of Service

These Terms of Use (“Terms”) constitute a legal agreement between you (“you” or “User”) and Fetch Brands LLC (“Fetch,” “we,” “us,” or “our”). We provide this website (“Site”) to provide information about our products and as a platform for you to purchase our products. These Terms set forth the legally binding terms for your use of our Site and your purchase of our products. By accessing the Site, signing in to your account, or purchasing our products, you agree to these Terms and represent and warrant that you have the right, authority, and capacity to accept and abide by these Terms. You may not access or use this Site of accept this agreement unless you are 18 years old. If you are unwilling or unable to accept these terms, do not use this Site.

NOTICE: These Terms include an arbitration provision by which: (1) you and Fetch agree that disputes will be resolved by mandatory binding arbitration, and (2) you waive any right to participate in a class-action lawsuit or class-wide arbitration.

Privacy Policy

Our Privacy Policy also governs your use of our Site. Please review the Privacy Policy to understand our practices.

Changes to Terms of Use

We reserve the right to change, amend, or modify these Terms at any time, without prior notice, by posting new Terms to this Site. Unless otherwise stated, all changes, amendments, or modifications take effect immediately upon being posted. It is important that you periodically check these Terms for any changes. We may send emails to our subscribers containing a link to the revised Terms if we consider in our discretion a change to be material. Your continued use of the Site following a change constitutes your acceptance of any such changes.

Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material Fetch provides on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.“ The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time without prior notice. The Content is provided for informational purposes only and is not binding on Fetch unless otherwise indicated and agreed to by Fetch.

Account

You may view the Site without creating an account, but, in order to use certain features of the Site such as purchasing products, you must register for an account with Fetch by creating a username and password and providing certain information about yourself. You are responsible for maintaining the confidentiality of your account information. You are also responsible for all activities associated with your account. You will immediately notify Fetch of any unauthorized use of your account. Upon receiving such notice, Fetch will suspend or otherwise secure your account to prevent future unauthorized use.

By registering an account with Fetch, you represent and warrant that:

  • All required information you provide is true and accurate, and you will update the information as needed to maintain its accuracy.
  • You agree to comply with these Terms and to be legally bound by them.
  • You agree to comply with all applicable laws related to your use of this Site.
  • You have the legal right to use any credit card utilized in any transaction.
  • You are at least the age of majority in the jurisdiction where you reside and are legally able to agree to these Terms.
  • You understand that all products sold through this Site are for personal use and may not be resold.
  • You will not interfere with any other person’s use and enjoyment of this Site or interfere with or attempt to gain unauthorized access to this Site, its server, or any accounts, or computer systems, through hacking, password mining, or any other means.
  • You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up this Site.
  • You will not transmit anything that contains viruses, or any of the many similar software or programs that may damage the operation of this Site or any other person’s property.
  • You will not modify or attempt to modify this Site or any of its components.
  • You will not reproduce, duplicate, copy, sell, resell, exploit, or in any way use any of the Intellectual Property (defined below).
  • You understand that while Fetch endeavors to use secured systems for information storage, and certified third-party credit card processors to securely process your credit card information, given the possibility of the unlawful interception of information and communications, Fetch cannot promise, and you should not expect, that such information you provide will always remain private or secure.
  • You understand that Fetch cannot guarantee third-party compliance and shall not be responsible in any way for the acts of third parties with respect to your personal or credit card information.  You release Fetch from any and all liability or responsibility for the acts or omissions of third-party recipients of your personal or credit card information.
  • You understand that Fetch may disclose in any form, including in electronic form, any information that is required by law to be disclosed regarding your use of this Site.

Proprietary Rights

Fetch owns all intellectual property rights, including trademarks, patents, graphics, text, code, and other proprietary rights (the “Intellectual Property”) displayed on or through this Site, other than that which is owned by a third party. Any use of our Intellectual Property without our prior written consent is strictly prohibited.

Subscription and Products

When you sign up for a subscription, you agree to permit us to charge your provided credit card on a recurring basis for the price of your subscription. . Fetch will charge your credit card once every 14 days, just before the products are produced and shipped, without further authorization from you until you choose to cancel your subscription or change your payment method. Fetch reserves the right to change or update pricing on this Site for new subscribers at any time. Fetch will notify current subscribers of any changes to a subscription price via email one week prior to the next shipment.

Your subscription will remain in effect until it is cancelled. You can cancel your subscription at any time by emailing customersupport@pdxfetch.com. Please notify us at least 3 days prior to your product shipment to cancel your subscription, change your address, or update your account information or payment method. If we receive notification less than 3 days prior to a shipment, we cannot guarantee that changes will be effective prior to that shipment.

If we are unable to charge your credit card, we will notify you and give you the opportunity to add another payment method. Upon the occurrence of such an event, we may not be able to process your order for the current order period, and you will not receive any Fetch products until your payment information is updated.

Delivery

Currently, we only offer our products to the Portland, Oregon metropolitan area. We may change our delivery zones at any time and without notice. To determine whether we deliver to a specified address please enter an address into our signup process or email us at customerservice@pdxfetch.com. Fetch staff members endeavor to personally deliver all of our products. However, in some situations, we may use a third-party carrier to deliver your products to your designated address.

Links to and integration with other sites

The site may contain links to, and integration with, other websites, services, and resources that do not belong to, are not controlled by and are entirely independent of . We do this for convenience. We are not responsible for any third-party sites or their actions or inactions, including the content, or any changes or updates to those sites. If you access any third-party site, you do so entirely at your own risk.

Disclaimer

You acknowledge and agree that your use of this Site is entirely at your own risk, and this Site is provided “AS IS” and “AS AVAILABLE.” Fetch specifically disclaims all statutory or implied warranties, and other warranties of any kind, including without limitation, warranties of merchantability, fitness for a particular use or purpose, and against hidden or latent defects, quality, and title, satisfactory quality, non-infringement, security, and accuracy, to the extent permitted by law. Your use of the Site is at your own risk, and you will be solely responsible for, and waive, any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from downloading or otherwise obtaining information through the use of the Site. Fetch will not be responsible for acts or omissions by any party, including but not limited to any party who might hack, invade, or otherwise disrupt the Site or take information, including content you provide, from the Site or otherwise. If Fetch cannot lawfully disclaim such warranties, then to the extent permitted by law, Fetch limits the duration of such warranties to the minimum time permitted under such law. Some states, countries, and provinces do not allow exclusions or limitations on the duration of an implied warranty or condition, and, accordingly, the above limitation may not apply to you. This section shall survive termination.

Limitation of Liability

To the maximum extent permitted by law, Fetch, and its officers, members, mangers, and affiliates, are not in any event responsible for direct, special, indirect, incidental, consequential, or exemplary damages of any nature whatsoever, resulting from or arising out of any breach of warranty or condition, use or misuse of the Site, or under any other legal theory including without limitation, loss of use of the site or any good or equipment used with the Site, or interruption, suspension, modification, alteration or termination of this Site, your member account, or your access to this Site, the cost of any replacement good or substitute equipment, loss of revenue or loss of actual or anticipated profits, loss of business or loss of opportunity, loss of goodwill, loss of reputation, loss of life, third-party claims, or any indirect or consequential loss or damage howsoever caused even if Fetch has been advised of the possibility of such damages. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site, or any links on this Site, as well as by any information or reports provided by or through this site. Your sole and exclusive remedy against Fetch or its officers, members, employees, or authorized representatives, is your discontinuation of your use of the site and return of our products. Some states, countries, and/or provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you. This section shall survive termination.

Indemnification

You agree to indemnify, defend, and hold harmless Fetch and any and all of its present and future officers, members, service providers, suppliers, employees, authorized representatives, and affiliates from any and all liability, loss, claim, demand, and expense, including costs of litigation and reasonable attorneys’ fees, directly or indirectly arising out of or related to (a) your use or misuse of this Site, including without limitation any reports you generate using this Site, or any information that you enter on, or upload to, this Site; (b) any use or alleged use of your member account by any person, whether or not authorized by you; or (c) your violation of these Terms. Fetch reserves the right to assume the exclusive defense, control, and settlement, of any above matter. This section shall survive termination.

Arbitration

You agree that any and all disputes, claims, or controversies arising out of or related to this Site asserted against Fetch, or its officers, members, employees or authorized representatives will be brought exclusively with the Arbitration Service of Portland (“ASP”) in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration. The judgment rendered by the arbitrator will be binding on you and Fetch and may be entered in any court of competent jurisdiction. This section shall survive termination.

Miscellaneous

These Terms, which incorporate the Privacy Policy, are the entire agreement between you and Fetch relating to the subject matter of these Terms. If for any reason anything on or associated with this Site is in conflict or inconsistent with these Terms, these Terms are controlling. If a provision of these Terms is determined to be unenforceable, the remaining provisions will not be impaired. No waiver by Fetch of any terms will be deemed a waiver of any of the other provision in these Terms, and our failure to act with respect to any breach of the Terms does not waive our right to subsequent or similar breaches. The Terms shall be governed by the laws of the State of Oregon. The prevailing party in any legal action arising out of or relating to these Terms of Use shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements determined by a court or arbitrator.

Inquiries

If you have any inquiries, questions, concerns, or comments, please contact Fetch via email at customersupport@pdxfetch.com.