Your FluentPet Connect Pre-Order Agreement (the “Agreement”) constitutes the following. These Terms and Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).
Agreement to Purchase. You agree to pre-order a FluentPet Connect System (“FP Connect System”) and by receiving it, completing the transaction when the FP Connect System is ready for shipment to you from CleverPet, Inc., pursuant to the terms and conditions of this Agreement.
Pre-Order Price, Taxes and Official Fees. Your pre-order price of FP Connect System will differ depending on which package you end up selecting. It will be $49.95 (USD) for a single FluentPet Connect Expansion HexTile, $69.95 (USD) for a single FluentPet Connect Base HexTile, $119.95 for three FluentPet Connect Expansion HexTiles, and $139.95 for one FluentPet Connect Base HexTile and two FluentPet Connect Expansion HexTiles. Any pre-order price listed will not include taxes and applicable duties. You are responsible for paying these additional taxes and applicable duties. If you present a check for any payment, CleverPet, Inc or its affiliate (“we, “us” or “our”) may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Pre-Order Process; Cancellation. Until your FP Connect System is shipped to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. In advance of shipping you your FP Connect System we will confirm with you your shipping address, applicable taxes, and resulting payment required. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for your FP Connect System. When you are shipped the FP Connect System, we will provide a credit to your FP Connect System pre-order price equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
You understand that CleverPet, Inc. may not have completed the development of FP Connect System or begun manufacturing FP Connect System at the time you entered into this Agreement and so we do not guarantee when your FP Connect System will actually be shipped. Your actual shipment date is dependent on many factors, including manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the FP Connect System and all proceeds therefrom until your obligations have been fulfilled.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and CleverPet and its affiliates, (together “CleverPet”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to firstname.lastname@example.org.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and CleverPet will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and CleverPet, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing CleverPet. In other words, you and CleverPet may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: CleverPet, Inc.; 302 Washington St. #150-3668, San Diego, CA 92103, stating your name and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
Warranty. You will receive the CleverPet Warranty at or prior to the time of FP Connect System shipment to you. You may also obtain a written copy of your warranty, which will be available as shipment nears, from us upon request.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Re-sellers; Discontinuation; Cancellation. CleverPet, Inc. and its affiliates sell products directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the FP Connect System or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of California. Prior agreements, oral statements, negotiations, communications or representations about the FP Connect System sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.