Terms of service

TERMS AND CONDITIONS

Cliffgate Commerce LLC Last Updated: August 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A MASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 28.

PLEASE REVIEW SECTIONS 24 THROUGH 29 CAREFULLY.

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") are entered into by and between you and Cliffgate Commerce LLC ("Company," "we," "our," or "us"), operating the brand The Daily Buddy.

These Terms govern your access to and use of:

  • thedailybuddy.com;
  • Any related websites, checkout funnels, landing pages, subdomains, mobile applications, and services;
  • Any purchases of products offered through the foregoing (collectively, the "Website");
  • Any products or subscription services ("Products").

By accessing or using the Website, creating an account, enrolling in a subscription, clicking "I agree," or purchasing any Product, you:

  • Represent that you are at least eighteen (18) years old;
  • Represent that you have legal capacity to enter 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

Where presented, you will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging your agreement to these Terms before completing certain transactions.

Your affirmative action constitutes legally binding electronic consent.

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, which may include:

  • Email notification;
  • Account notification;
  • Website banner notice.

Continued use of the Website after changes become effective constitutes acceptance.

2. ACCESS TO WEBSITE

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;
  • Refuse service to any user.

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 confidentiality of login credentials;
  • You must notify us immediately of 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;
  • Scrape, crawl, or use automated means, robots, spiders, data-gathering tools, or AI tools (including agentic AI) to access the Website, except as expressly permitted under Section 5;
  • Interfere with Website security;
  • Upload malicious code;
  • Engage in fraudulent or deceptive conduct;
  • Impersonate any person or entity;
  • Attempt unauthorized access to systems or data.

We reserve the right to investigate and pursue violations to the fullest extent permitted by law.

5. AI AGENTS

5.1 Application

This Section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Website. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct human supervision.

5.2 Restrictions

No Agent may access, use, or interact with the Website unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 5.4 below. In addition, no Agent may access, use, or interact with the Website if we have requested that the Agent refrain from doing so.

5.3 Technical Measures

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Website.

5.4 Agent Requirements

Agents must:

(i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]";

(ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans;

(iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer;

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Website.

Violation of these requirements constitutes unauthorized access and may result in immediate suspension or termination, cancellation of orders, and refusal of refund requests.

6. INTELLECTUAL PROPERTY

All Website content, including text, images, graphics, trademarks, logos, software, and design elements, are owned by or licensed to the Company.

You may not reproduce, distribute, modify, or exploit Website content without prior written consent.

No rights are granted except as expressly provided herein.

7. THIRD-PARTY LINKS

The Website may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Website to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third party.

8. OPTIONAL THIRD-PARTY TOOLS

You may be provided with access to customer tools offered by third parties as part of the Website, which we neither monitor nor have any control nor input over.

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 the optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Website (including the release of new tools and resources). Such new features shall also be deemed part of the Website and are subject to these Terms.

9. PRODUCT INFORMATION; FDA DISCLAIMER

Statements made regarding Products have not been evaluated by the United States Food and Drug Administration.

Products are intended for use in dogs only and are not intended to diagnose, treat, cure, or prevent any disease.

All information provided on the Website — including product descriptions, blog posts, testimonials, educational materials, and other content — is for informational and educational purposes only and is not veterinary advice.

You should consult a qualified licensed veterinarian before beginning any supplement program for your dog, especially if your dog is pregnant, nursing, taking medication, or has a diagnosed medical condition.

Individual results may vary.

9.1 No Veterinary or Professional Advice

Nothing on the Website constitutes veterinary, medical, legal, or professional advice.

You acknowledge that any reliance on information presented on the Website is at your own risk.

9.2 Reliance Disclaimer

Any reliance you place on information presented on or through the Website is strictly at your own risk.

The Company disclaims all liability and responsibility arising from:

  • Any reliance placed on Website materials by you or any other visitor;
  • Any interpretation of product descriptions or educational content;
  • Any third-party materials or testimonials appearing on the Website.

The Website may include content provided by third parties. Such content reflects the opinions of the individual author and does not necessarily reflect the Company's views.

10. COMMUNICATIONS; ELECTRONIC 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;
  • Subscription reminders;
  • Customer service communications;
  • Marketing communications (if opted in).

You may opt out of marketing emails by using the unsubscribe link in such communications.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

11. PRIVACY

11.1 Privacy Policy

All information we collect is subject to our Privacy Policy.

By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.

11.2 Cookies and Tracking Technologies

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.

Information collected through these technologies may be shared with analytics, advertising, and social media partners consistent with our Privacy Policy.

For more information regarding our use of cookies and tracking technologies, please review our Privacy Policy.

12. PAYMENTS AND BILLING

12.1 Orders as Offers

An order submitted by you constitutes an offer to purchase Products. All orders are subject to acceptance by the Company.

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.

12.2 Payment Authorization

By providing a payment method, you represent and warrant that:

  • You are authorized to use the payment method;
  • All payment information provided is accurate and current.

You authorize the Company to charge your payment method for:

  • Products purchased;
  • Subscription renewals;
  • Shipping charges;
  • Applicable taxes;
  • Any other disclosed fees.

If payment is declined, we may suspend or cancel your order.

12.3 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.

The Company is not responsible for payment processor errors.

13. RELATIONSHIP WITH SHOPIFY

The Daily Buddy is powered by Shopify, which enables us to provide the Website and Products to you. However, any sales and purchases you make in our store are made directly with Cliffgate Commerce LLC.

By using the Website, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and the Company, including any injury, damage, or loss resulting from purchased Products.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with the Company.

Because the Website is hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Website in order to provide and improve the Website. Information you submit to the Website will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Please review our Privacy Policy for more details.

14. SHIPPING; TITLE; RISK OF LOSS

Products are shipped via third-party carriers.

Unless otherwise required by law:

Title and risk of loss transfer to you upon delivery to the carrier.

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.

We are not responsible for delays caused by:

  • Carriers;
  • Weather;
  • Customs;
  • Incorrect shipping information provided by you.

International customers are responsible for customs duties and import taxes.

15. AVAILABILITY; ERRORS; INACCURACIES

We may update product information, pricing, or availability at any time without prior notice.

The Website may contain typographical errors or inaccuracies.

We reserve the right to correct errors and cancel orders affected by pricing or description inaccuracies.

16. FORCE MAJEURE

The Company 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 the Company's reasonable control, including but not limited to:

  • 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;
  • Carrier delays.

Performance shall be excused for the duration of such event.

17. SUBSCRIPTIONS; AUTOMATIC RENEWAL; CANCELLATION

17.1 Subscription Enrollment

The Website may offer subscription purchase options ("Subscription Services") that provide automatic recurring shipments of Products at the frequency selected during checkout.

If you enroll in a Subscription Service, you agree that:

  • Your subscription includes recurring payment obligations;
  • The Company is authorized to charge your payment method automatically at the selected billing interval;
  • Shipments will continue until cancelled in accordance with these Terms.

17.2 Clear and Conspicuous Disclosure; Affirmative Consent

At the time of enrollment, the recurring billing terms — including:

  • The fact that charges will recur automatically;
  • The billing frequency;
  • The amount to be charged;
  • The cancellation policy;

will be presented in a clear and conspicuous manner prior to completion of your purchase.

You will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging the recurring nature of the subscription and the cancellation terms before completing your purchase.

Your affirmative action constitutes express consent to recurring charges.

17.3 Automatic Renewal

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT.

You will not receive an additional reminder prior to each renewal unless required by applicable law.

If pricing changes, we will provide advance notice as required by law.

17.4 How to Cancel

You may cancel your Subscription Service at any time.

To avoid the next scheduled charge, cancellation must be completed at least twenty-four (24) hours before your next billing date.

You may cancel through any of the following methods:

  • Logging into your account and following the clearly labeled cancellation instructions;
  • Using any "Cancel Subscription" feature in your account portal;
  • Emailing support@thedailybuddy.com;
  • Using the third-party subscription management portal identified at checkout.

We will not require you to call a live representative to cancel.

Cancellation requests submitted through the account portal are effective upon confirmation.

After cancellation:

  • No future recurring charges will be made;
  • No additional shipments will be sent after the current billing cycle.

17.5 Account Updater Disclosure

We may use an automatic account updater service provided by our payment processor. This service may update your stored payment information (e.g., card number or expiration date) if your card issuer provides updated information.

If your payment information is updated, you authorize us to charge the updated payment method.

If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your subscription.

17.6 Failed Payments; Reaffirmation of Authorization

If a recurring charge fails, you authorize us to:

  • Retry the charge;
  • Contact you for updated payment information;
  • Suspend shipments until payment is received.

Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method.

Unpaid balances may be referred for collection where permitted by law.

18. SMS / MOBILE MESSAGING PROGRAM

The Company may offer a mobile messaging program ("Program").

By opting into the Program, you agree to receive recurring marketing and transactional text messages from or on behalf of the Company at the mobile number you provided.

18.1 Consent to Receive Messages

By opting in, you:

  • Expressly consent to receive autodialed or prerecorded marketing messages;
  • Acknowledge that consent is not a condition of purchase;
  • Understand that message frequency varies;
  • Agree that message and data rates may apply.

18.2 Opt-Out Procedure

You may opt out at any time by replying:

  • STOP
  • END
  • CANCEL
  • UNSUBSCRIBE
  • QUIT

You may receive a confirmation message.

Only the above methods constitute valid opt-out methods.

18.3 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Delivery is subject to effective transmission by your wireless provider.

18.4 Age Restriction

You may not participate in the Program if you are under thirteen (13) years of age.

If you are between thirteen (13) and eighteen (18), you must have parental consent.

18.5 Florida Telemarketing Compliance

To the extent applicable, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act. For compliance purposes, you agree that we may assume you are a Florida resident if, at the time of opt-in to the Program, (i) your shipping address is located in Florida, or (ii) the area code for the phone number used to opt into the Program is a Florida area code.

If you are a Florida resident, you agree that mobile messages sent by us in direct response to your requests (including opt-in confirmations, shipping notifications, help requests, or stop requests) do not constitute a "telephonic sales call" under Florida law.

If you are not a Florida resident, you agree not to assert claims under the Florida Telemarketing Act or Florida Do Not Call Act.

18.6 Program Description; Message Frequency

Users who opt into the Program may receive recurring marketing and transactional messages, including but not limited to promotions, product announcements, checkout reminders, order confirmations, shipping notifications, and customer service communications.

Message frequency varies and may be influenced by your interactions with us. Additional mobile messages may be sent periodically based on your purchases, account activity, or engagement with the Website.

19. USER CONTENT

The Website may allow users to post reviews, testimonials, comments, or other content ("User Content").

By submitting User Content, you grant the Company 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;
  • The content does not violate third-party rights;
  • The content is truthful and not misleading.

19.1 Monitoring and Enforcement

We reserve the right, but not the obligation, to:

  • Remove or refuse to post User Content;
  • Take action if content violates these Terms;
  • Terminate or suspend user access.

19.2 Law Enforcement Cooperation

We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user posting materials on or using the Website.

You agree that the Company may disclose information about you if required by law, court order, subpoena, or governmental request.

You waive and hold harmless the Company and its affiliates from any claims arising from such disclosures made in good faith compliance with legal obligations.

20. DISCLAIMERS

THE WEBSITE, PRODUCTS, AND ALL CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • NON-INFRINGEMENT;
  • TITLE;
  • ACCURACY;
  • RELIABILITY;
  • AVAILABILITY.

The Company does not warrant that:

  • The Website will be uninterrupted or error-free;
  • Defects will be corrected;
  • The Website or servers are free of viruses or harmful components;
  • Products will meet your expectations.

Some jurisdictions do not allow certain disclaimers; in such cases, the disclaimers shall apply to the fullest extent permitted by law.

21. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY 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, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO:

  • THESE TERMS;
  • YOUR USE OR INABILITY TO USE THE WEBSITE;
  • ANY PRODUCT PURCHASE;
  • ANY SUBSCRIPTION SERVICE;
  • ANY ADVERTISING OR MARKETING PRACTICES.

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

21.1 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS (US $100.00).

THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

21.2 Allocation of Risk

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

22. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company 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;
  • Your violation of any third-party rights.

The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification.

23. 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, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE 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.

24. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

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

24.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, controversy, or cause of action arising out of or relating to:

  • These Terms;
  • The Website;
  • Any Product;
  • Any subscription or automatic renewal;
  • Any advertising or marketing practices;
  • Any alleged misrepresentation;

(collectively, "Dispute")

shall be resolved exclusively through binding, confidential arbitration on an individual basis.

The term "Dispute" shall be interpreted broadly.

24.2 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;
  • Enforceability.

24.3 Mandatory Pre-Arbitration Notice

Before initiating arbitration, the initiating party must send a written Notice of Dispute including:

  • Full name;
  • Mailing address;
  • Email associated with account;
  • Description of claim;
  • Specific relief sought.

If you initiate the Dispute, notice must be sent by certified mail to:

Cliffgate Commerce LLC Attn: Legal Department 30 N Gould St Ste R Sheridan, WY 82801

The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration.

24.4 Reservation of Self-Help Remedies

Nothing in this Section prevents the Company 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.

24.5 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider.

If they cannot agree, a court shall appoint the provider.

Arbitration shall be conducted before a single neutral arbitrator.

The arbitrator shall be authorized to award all remedies that would be available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief (including public injunctive relief where permitted by law), equitable relief, and attorneys' fees and costs where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis.

24.6 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, the Company will bear arbitration fees in excess of the amount the consumer 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.

24.7 Small Claims Exception

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

24.8 Equitable and Protective Relief

Notwithstanding the foregoing arbitration requirement, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in state or federal courts located in Wyoming 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.

24.9 Public Injunctive Relief

Notwithstanding the foregoing, 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. However, all other claims seeking monetary, individualized, or non-public injunctive relief shall remain subject to binding arbitration as set forth herein.

25. CLASS ACTION WAIVER

YOU AND THE COMPANY 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;
  • JOIN OR CONSOLIDATE CLAIMS.

The arbitrator has no authority to conduct class proceedings.

26. 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 consent.

26.1 Batching Procedure

If Mass Action conditions are met:

  • Claims shall be grouped in batches of no more than 200 claimants;
  • Only one batch shall proceed at a time;
  • A separate arbitrator shall be appointed per batch.

Statutes of limitation shall be tolled during batching.

26.2 Special Master

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

27. JURY TRIAL WAIVER

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.

28. OPT-OUT RIGHT

You may opt out of arbitration within thirty (30) days of first acceptance of these Terms by sending certified mail notice including your name, address, email, and clear statement of opt-out to:

Cliffgate Commerce LLC Attn: Legal Department 30 N Gould St Ste R Sheridan, WY 82801

29. CLAIM-SPECIFIC SEVERABILITY

If any portion of this arbitration agreement is found unenforceable as to a specific claim:

  • That claim shall proceed in court;
  • All other claims shall remain subject to arbitration.

30. GOVERNING LAW

Except as otherwise provided in Section 24, these Terms shall be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

31. MISCELLANEOUS

These Terms constitute the entire agreement between you and the Company.

No waiver shall be deemed continuing.

If any provision is invalid, the remaining provisions remain in effect.

The Company 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. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

No ambiguity shall be construed against the drafting party.

The provisions regarding dispute resolution, arbitration, class action waiver, mass action waiver, limitation of liability, indemnification, intellectual property, payment obligations, and any other provisions which by their nature should survive termination shall survive termination of these Terms.

CONTACT INFORMATION

Cliffgate Commerce LLC 30 N Gould St Ste R Sheridan, WY 82801 Email: support@thedailybuddy.com

s, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY The Daily Buddy, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL The Daily Buddy, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Daily Buddy, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - 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 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - 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 federal and state or territorial courts in the jurisdiction where The Daily Buddy is headquartered. You and The Daily Buddy consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at dailybuddy.official@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
dailybuddy.official@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]