Terms of service

TERMS OF SERVICE / MONTHLY BILLING TERMS

Welcome! These Terms of Service, which incorporate by reference our privacy policy (collectively, the "Terms" or "Agreement") are a legal contract between you ("you" or "your") and SPELLERMCOM LLC ("SPELLERMCOM LLC," "we," "our," or "us") governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions outlining the automatically renewing SPELLERMCOM LLC ExclusiveAccess.Vip® membership and provisions that require arbitration of individual claims and limit your potential remedies.

SPELLERMCOM LLC VIP MEMBERSHIP TERMS

When you make a purchase on the SPELLERMCOM LLC website, you have the option to opt into our VIP Membership Program (the "SPELLERMCOM LLC VIP Membership"), which will be billed on the date of your first purchase. The SPELLERMCOM LLC VIP Membership is designed to deliver ongoing value directly to you each month, including a curated monthly pet anxiety relief package for your dog. On most months, this package includes 2 pet anxiety relief toys shipped directly to your door, along with other free gifts and perks as determined by SPELLERMCOM LLC from time to time.

SPELLERMCOM LLC may update, enhance, or modify the contents of the monthly VIP package at its discretion. Any significant changes to membership fees will be communicated to you in advance to give you the opportunity to cancel before the next billing cycle.

VIP Membership Enrollment. Customers have the option to opt into our VIP Membership Program, which will be billed on the date of first purchase. By enrolling, you authorize SPELLERMCOM LLC to charge the applicable membership fee on the date of your first purchase and on a recurring monthly basis thereafter. Enrollment requires your affirmative consent — the opt-in checkbox is not pre-selected and requires your manual confirmation.

Charges and Automatic Renewals. Upon enrollment, your credit card or other payment method on file will be charged the SPELLERMCOM LLC VIP Membership fee of $42.95 USD (exclusive of taxes) on the date of your first purchase. Your membership will automatically renew every 30 days, and you will be charged $42.95 USD (exclusive of taxes) each billing period, until you cancel.

What You Receive. As a SPELLERMCOM LLC VIP Member, you will receive each month: a curated pet anxiety relief package for dogs, typically including 2 pet anxiety relief toys shipped to your address, plus additional free gifts and perks. The specific contents of the monthly package may vary. SPELLERMCOM LLC reserves the right to substitute items of equal or greater value.

Cancellation. You may cancel your SPELLERMCOM LLC VIP Membership at any time by filling out the Cancel Membership form on our website, by emailing us at support@exclusiveaccess.vip, or by calling us at 1 (888) 874-7391 at least 3 days before the next billing period, with your full name and the email and billing address associated with your account. Your failure to cancel or your continued acceptance of monthly shipments reaffirms that SPELLERMCOM LLC is authorized to charge you for, and you are responsible for paying, all VIP Membership fees.

Payment Methods. By providing a credit card or other payment method, including through the checkout process, you warrant that you are authorized to use the payment method and authorize SPELLERMCOM LLC and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and SPELLERMCOM LLC VIP Membership may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and SPELLERMCOM LLC will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. SPELLERMCOM LLC reserves the right to correct any errors or mistakes for payment at any time.

Refunds. ALL SALES ARE FINAL WITH NO REFUNDS, including for physical products and the SPELLERMCOM LLC VIP Membership, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.

DISPUTE RESOLUTION

Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Nevada without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Nevada (a "Court of Competent Jurisdiction"). You and SPELLERMCOM LLC stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Arbitration Provision. If you and SPELLERMCOM LLC cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. "Claim(s)" means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns (collectively, "SPELLERMCOM LLC Entities") arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. If JAMS is unavailable, you and SPELLERMCOM LLC agree to arbitrate using an alternative arbitral forum. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. If you initiate arbitration against SPELLERMCOM LLC, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs shall be paid as determined by the arbitrator. If SPELLERMCOM LLC initiates arbitration against you, SPELLERMCOM LLC shall pay all costs associated with the arbitration.

Waiver of Class Actions. YOU AND SPELLERMCOM LLC MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND SPELLERMCOM LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.

DISCLAIMERS & LIMITATION OF LIABILITY

Disclaimer of Warranties. SPELLERMCOM LLC, ON BEHALF OF ITSELF AND SPELLERMCOM LLC ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. THE SERVICE IS PROVIDED "AS IS." NEITHER SPELLERMCOM LLC NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability. IN NO EVENT SHALL SPELLERMCOM LLC OR SPELLERMCOM LLC ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR FAILURE TO MEET ANY DUTY, REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL SPELLERMCOM LLC OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.

ASSUMPTION OF RISK

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify SPELLERMCOM LLC and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages that may result from your access to or use of the Service.

MODIFICATION & TERMINATION

Modification. SPELLERMCOM LLC may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. Your continued access to or use of the Service constitutes acceptance of modified provisions.

Termination. SPELLERMCOM LLC may terminate this Agreement, the Service, your account, and your VIP Membership at any time for any reason without prior notice. If you wish to cancel your SPELLERMCOM LLC VIP Membership, follow the cancellation instructions outlined above. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.

YOUR USE OF THE SERVICE

Your Qualifications. You must be at least 18 years old and legally qualified to use the Service. You warrant that all information you provide is current, complete, and accurate. You are responsible for maintaining the confidentiality of your account credentials and agree to notify SPELLERMCOM LLC immediately of any unauthorized use. We reserve the right to suspend or terminate your account for a violation of this Agreement or any applicable laws.

Limited License. Subject to your compliance with this Agreement, SPELLERMCOM LLC grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal use. This license does not allow you to reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent.

Prohibited Conduct. You are prohibited from doing or attempting to do the following in connection with your use of the Service:

a) Using the Service in any manner not intended (including any commercial re-sale use); b) Using the Service in any manner that violates these Terms or any applicable law; c) Providing false, misleading, or inaccurate information to SPELLERMCOM LLC or anyone else; d) Impersonating or otherwise misrepresenting affiliation with any person or entity; e) Using automated tools (spiders, robots, or intelligent agents) to harvest or collect information; f) Accessing content or data not intended for you or that you are not authorized to access; g) Probing, scanning, or testing the vulnerability of the Service or breaching security measures; h) Interfering with the Service (including through malware or exploiting vulnerabilities); i) Forging, modifying, or falsifying any network packet or protocol header or metadata; and j) Modifying, reverse engineering, or disassembling the source code used by SPELLERMCOM LLC.

Indemnification. You shall defend, indemnify, and hold harmless SPELLERMCOM LLC and SPELLERMCOM LLC Entities from and against all claims, actions, demands, and other proceedings, including attorney's fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.

THIRD PARTY SERVICES

The Service may be linked with or refer to the services, websites, platforms, content, goods, services, or tools of third parties (collectively, "Third-Party Services"). SPELLERMCOM LLC has not reviewed and does not control Third-Party Services. SPELLERMCOM LLC does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. SPELLERMCOM LLC shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services.

INTELLECTUAL PROPERTY

SPELLERMCOM LLC's name and logo, SPELLERMCOM LLC's website domain(s), and all content and other materials available through the Service (collectively, the "SPELLERMCOM LLC IP") are the trademarks, copyrights, intellectual property, and proprietary content of and owned by SPELLERMCOM LLC or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the SPELLERMCOM LLC IP. All rights not expressly granted in this Agreement are reserved by SPELLERMCOM LLC.

MISCELLANEOUS

This Agreement is the entire agreement between SPELLERMCOM LLC and you concerning the Service. Should any part of this Agreement be declared invalid or unenforceable, such decision shall not affect the validity of any remaining portion of this Agreement. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of SPELLERMCOM LLC. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party's reasonable control, including acts of God, labor disputes, electrical or power outages, telecommunications failures, pandemics, earthquakes, storms, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

REFUND POLICY

We stand behind the quality of our products and guarantee our workmanship. Any defects or errors on our part are eligible for a replacement at no charge within 7 days of delivery. If 7 days have passed from your delivery date, unfortunately we cannot offer a replacement.

I. Once an order number has been generated, we will no longer be able to make CHANGES, EDITS, or CANCELLATIONS to the order. II. It is the customer's RESPONSIBILITY to do their due diligence in researching the product(s) they are buying online. III. All our products have gone through meticulous product selection and extensive Quality Assurance. We DO NOT ACCEPT returns or exchanges due to user errors such as incorrect selection of sizes, designs, accidental purchases, or colors. IV. For returns due to a change of mind, there will be a 25% RESTOCKING FEE and the customer is RESPONSIBLE for the COST of sending the item back. V. Our products are manufactured under market demand; thus, they are not always available items. VI. Advertised images may slightly differ from actual items in terms of color due to lighting during photo shooting or the monitor's display. Please allow a 20% difference between advertised images and the actual item received.

A. INCORRECT QUANTITY & PRODUCT ORDERED When placing an order and before making your payment, the customer has the FULL RESPONSIBILITY to ENSURE that the number of items in their cart and the product they are ordering are both correct. Once an order number has been generated, we will no longer be able to make CHANGES, EDITS, or CANCELLATIONS to the order.

B. EXCHANGE / REPLACEMENT (If Applicable) We are committed to providing you with the most affordable products without compromising quality. We are happy to replace your order for any of the following reasons: (I) The product is flawed and/or damaged. (II) The product received is different from what was ordered — your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. (III) Please submit a ticket with a photo of the product received. (IV) Our Quality Assurance Team will review your submitted photos. If your claim is approved, we will provide a replacement free of charge. (V) Any unauthorized returns, or returns of items that are washed, worn, or damaged will not be eligible for a replacement, and the item will be forfeited.

C. DAMAGES AND ISSUES Please inspect your order upon delivery and contact us immediately if the item is defective, damaged, or if you receive the wrong item so that we can evaluate the issue and make it right.

D. DELIVERED TO THE WRONG SHIPPING ADDRESS Please ensure that your shipping address is correct before completing your order. Once you receive your shipping confirmation/tracking number, we will no longer be able to CORRECT your shipping address. You may contact your local post office for assistance.

E. RETURNS DUE TO A CHANGE OF MIND For returns due to a change of mind, there will be a 25% RESTOCKING FEE and the customer is RESPONSIBLE for the COST of sending the item back. Please submit a support ticket for further instructions.

F. GIFT CARD POLICY Our gift card provides you with a credit of $135 to be used on our website, while the customer is only charged $100 at the time of purchase. The gift card does not expire and can be used at any time, subject to our standard terms and conditions. The gift card cannot be redeemed for cash, is non-refundable, and cannot be combined with other promotions or discounts unless explicitly stated.

SALES TAX

Sales tax rates are determined by the jurisdiction of the customer's state and country. These taxes are not included in the listed price of the item; instead, they are calculated and added to the order total at checkout.

SHIPPING & HANDLING FEES FOR DISCOUNTED ITEMS

Shipping fees are not included in any discounted or upsell items that you purchase after your initial order. These fees are separate and must be paid in addition to the cost of the product.

STORE CURRENCY

Your card will be charged in USD as the default currency. Depending on your card's local currency, your bank or credit card issuer may apply extra fees, potentially increasing the overall cost of your purchase. Please contact your bank for more information on these fees.