PART ONE — WEBSITE, PRODUCT, AND MEMBERSHIP TERMS

1. AGREEMENT TO THESE TERMS

These Terms and Conditions (these "Terms") are a binding legal agreement between you and Freezbone Inc., a company doing business as Freezbone Club ("Freezbone," "Freezbone Club," "we," "us," or "our"), located at 801 Shotgun Rd, Weston, FL 33326. These Terms govern your access to and use of the Freezbone Club website and any related websites, pages, applications, and online services that link to these Terms (collectively, the "Site"), your purchase of any products through the Site (the "Products"), and your enrollment and participation in the Freezbone Club membership program (the "Membership Program").

By accessing or using the Site, placing an order, or enrolling in a Membership, you accept and agree to be bound by these Terms, our Privacy Policy, our Shipping Policy, and our Return Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not use the Site, purchase Products, or enroll in the Membership Program.

PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTION 7 CONTAINS AUTOMATIC RENEWAL TERMS THAT APPLY TO ALL MEMBERSHIPS: YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW, AND YOUR PAYMENT METHOD WILL BE CHARGED ON A RECURRING BASIS, UNTIL YOU CANCEL.

Part Two of these Terms contains the Mobile Messaging Program Terms & Conditions, which govern our SMS/MMS text messaging program. In the event of any conflict between Part One and Part Two with respect to the mobile messaging program, Part Two governs the mobile messaging program.

2. ELIGIBILITY

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to purchase Products or enroll in the Membership Program. By placing an order or enrolling in a Membership, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract. Use of the Site by minors under the age of thirteen (13) is prohibited; users between thirteen (13) and eighteen (18) may browse the Site only with the involvement and permission of a parent or legal guardian, and may not make purchases.

3. ACCOUNTS

You may be required to create an account to enroll in the Membership Program or to use certain features of the Site. You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your credentials. We reserve the right to suspend or terminate any account that violates these Terms.

4. PRODUCTS, ORDERS, AND PRICING

All Products are subject to availability. We reserve the right, at any time and without liability: to limit order quantities; to refuse, cancel, or hold any order for any lawful reason, including suspected fraud or abuse; to discontinue any Product; and to correct errors, inaccuracies, or omissions in Product descriptions, pricing, promotions, and availability, including after an order has been submitted. If we cancel an order after your payment method has been charged, we will refund the amount charged for the cancelled order. Prices are displayed in U.S. dollars and exclude applicable taxes and shipping charges, which are calculated and displayed at checkout. Your submission of an order constitutes an offer to purchase; our acceptance occurs only when we ship the Products.

5. SHIPPING AND RISK OF LOSS

Shipping terms, methods, and timelines are described in our Shipping Policy. Title to Products and risk of loss pass to you upon our delivery of the Products to the carrier. Freezbone is not liable for your order once it leaves our warehouse and it is in the care of the carrier (including USPS, DHL, or FedEx); for any issues or further support with a shipment in transit, please reach out directly to the carrier, and contact us at team@freezbone.com so we can assist where possible. Delivery dates are estimates only.

6. RETURNS AND REFUNDS (PRODUCTS)

Returns and refunds of Products are governed by our Return Policy, available on the Site. Refunds of Membership fees are governed exclusively by Section 7 of these Terms, not by the Return Policy.

7. FREEZBONE CLUB MEMBERSHIP PROGRAM

7.1 Membership Plans

Freezbone Club offers paid membership plans billed on a recurring basis, currently including a quarterly plan (billed every three (3) months) and an annual plan (billed every twelve (12) months) (each, a "Membership"). The current plans, prices, and included benefits are described on the Site at the time of enrollment. The benefits, perks, discounts, and any included products associated with a Membership (collectively, "Membership Benefits") are those described on the Site, as updated from time to time in accordance with Section 7.7.

7.2 Automatic Renewal

YOUR MEMBERSHIP AUTOMATICALLY RENEWS AT THE END OF EACH MEMBERSHIP TERM (QUARTERLY OR ANNUAL, DEPENDING ON YOUR PLAN) FOR SUCCESSIVE RENEWAL TERMS OF THE SAME LENGTH, AND THE PAYMENT METHOD ON FILE WILL BE AUTOMATICALLY CHARGED THE THEN-CURRENT MEMBERSHIP FEE (PLUS APPLICABLE TAXES) AT THE START OF EACH RENEWAL TERM, UNLESS YOU CANCEL YOUR MEMBERSHIP BEFORE THE RENEWAL DATE AS DESCRIBED IN SECTION 7.4. THERE IS NO FEE TO CANCEL.

At the time of enrollment we will disclose the Membership fee, the billing frequency, and the fact that your Membership renews automatically, and we will obtain your affirmative consent to these automatic renewal terms. Following enrollment, we will send you an acknowledgment that includes the automatic renewal terms and instructions on how to cancel. Where required by applicable law (and in any event for annual Memberships), we will send you a reminder notice before your Membership renews, identifying the renewal date, the amount to be charged, and how to cancel.

7.3 Billing Authorization

By enrolling in a Membership, you expressly authorize Freezbone and our third-party payment processors to charge the payment method you provide (and any replacement or updated payment method, including updated card numbers or expiration dates supplied by card networks or account-updater services) on a recurring basis for: (a) the Membership fee for each Membership term and renewal term; (b) applicable taxes; and (c) any other amounts you incur in connection with your Membership, until your Membership is cancelled. You are responsible for keeping your payment information current. This authorization remains in effect until you cancel your Membership.

7.4 Cancellation

You may cancel your Membership at any time, and cancellation is available online through your account settings on the Site (or by emailing team@freezbone.com). To avoid being charged for the next renewal term, you must cancel at least forty-eight (48) hours before your renewal date. If you cancel, your Membership will remain active, and you will continue to receive Membership Benefits, through the end of the Membership term you have already paid for; your Membership will then terminate and you will not be charged again. Cancellation will be at least as easy as the method you used to enroll. For clarity: cancelling stops future renewal charges, but it does not entitle you to a refund of fees already paid, which are governed by Section 7.5.

7.5 No Refunds of Membership Fees

MEMBERSHIP FEES ARE NON-REFUNDABLE ONCE YOU HAVE USED OR REDEEMED ANY MEMBERSHIP BENEFIT DURING THE APPLICABLE MEMBERSHIP TERM — INCLUDING, WITHOUT LIMITATION, APPLYING YOUR MEMBER DISCOUNT (SUCH AS 30% OFF) TO ANY PURCHASE, RECEIVING FREE OR DISCOUNTED SHIPPING, OR RECEIVING ANY OTHER MEMBER PERK OR INCLUDED PRODUCT. ONCE ANY MEMBERSHIP BENEFIT HAS BEEN USED, THE MEMBERSHIP FEE FOR THAT TERM IS FULLY EARNED BY FREEZBONE AND WILL NOT BE REFUNDED, IN WHOLE OR IN PART.

Except as expressly provided in these Terms or as required by applicable law, all Membership fees are non-refundable, and no refunds or credits will be provided for partially used Membership terms, unused Membership Benefits, or periods in which you did not use your Membership. If you cancel during a Membership term, you will retain access to Membership Benefits for the remainder of the paid term, but you will not receive a full or prorated refund of fees already paid. This policy keeps the Membership Program fair for all members and reflects the immediate value delivered by Membership Benefits upon use.

7.6 Price Changes

We may change Membership fees from time to time. Any price change will apply no earlier than your next renewal term, and we will notify you of the new price at least thirty (30) days before it takes effect, using the contact information associated with your account. Your continued Membership after the effective date of a price change constitutes your acceptance of the new price. If you do not agree to a price change, your sole remedy is to cancel your Membership before the renewal date on which the new price takes effect.

7.7 Membership Benefits

We reserve the right to add, modify, substitute, limit, or discontinue any Membership Benefit at any time, including substituting products of comparable or greater value in any included shipment and adjusting member discounts and perks, provided that if we materially reduce the overall Membership Benefits during a term you have already paid for, your remedy is to cancel and receive a prorated refund of the fee for the remainder of that term. Membership Benefits: have no cash or monetary value and are not redeemable for cash; are personal to you and may not be sold, transferred, assigned, or shared; may not be combined with other discounts, promotions, or offers unless we expressly state otherwise; and may not be used for resale or commercial purposes. We may set reasonable limits on the use of Membership Benefits to prevent abuse.

7.8 Failed Payments

If a Membership charge is declined or fails, we may retry the charge one or more times. We may suspend your Membership and Membership Benefits until payment is successfully processed, and if payment is not received within fourteen (14) days of the renewal date, we may cancel your Membership. You remain responsible for any amounts owed for Membership terms that began before cancellation.

7.9 Free Trials and Promotional Offers

We may offer free trials, discounted introductory terms, or other promotional Membership offers. The specific terms of any such offer (including its duration, the promotional price, and the standard price that applies afterward) will be disclosed at the time of the offer. Unless otherwise stated in the offer, a trial or promotional Membership automatically converts to a paid Membership at the then-current standard rate at the end of the trial or promotional period, and your payment method will be charged accordingly, unless you cancel before the end of the trial or promotional period. Promotional offers are limited to one per customer unless we state otherwise, and we may withdraw or modify any promotional offer at any time before enrollment.

7.10 Pausing

If pausing is offered on the Site, you may pause your Membership for the period stated in your account settings; while paused, billing and Membership Benefits are suspended, and your Membership (and billing) resumes automatically at the end of the pause period. If pausing is not offered, Memberships may not be paused.

7.11 Suspension or Termination by Freezbone

We may suspend or terminate your Membership, without refund, if you: materially breach these Terms; engage in fraud, abuse, or misuse of the Membership Program or Membership Benefits (including reselling Products obtained with member pricing); initiate an illegitimate chargeback in violation of Section 7.12; or use the Membership Program in violation of applicable law. If we terminate your Membership without cause, or discontinue the Membership Program entirely, we will refund the prorated portion of any prepaid Membership fee attributable to the unused remainder of your current term, which shall be your sole and exclusive remedy for such termination or discontinuation.

7.12 Billing Disputes and Chargebacks

If you believe you have been billed in error, you agree to contact us at team@freezbone.com within sixty (60) days of the charge and to give us a reasonable opportunity to resolve the issue before initiating a chargeback or payment dispute with your bank or card issuer. Initiating a chargeback with respect to charges you validly authorized under these Terms, or with respect to Membership Benefits or Products you received, is a material breach of these Terms and grounds for suspension or termination of your Membership, and we reserve the right to dispute any such chargeback and to recover amounts lawfully owed to us.

8. PET SAFETY; ASSUMPTION OF RISK

Our Products are intended for dogs and are designed to be used only under active adult supervision. You are solely responsible for determining the suitability of our Products for your pet — including selecting a size and type appropriate for your dog’s breed, size, age, health, and chewing style — and for supervising your pet at all times while it uses our Products. You should regularly inspect Products and immediately discard any Product that becomes damaged, worn, or small enough to swallow. Our Products, packaging, and any content on the Site (including feeding or usage suggestions) are not veterinary advice; always consult your veterinarian regarding your pet’s diet, health, allergies, and the suitability of any product for your pet.

Freezbone shall not be liable for any injury or illness to a customer’s pet that may result from the consumption or use of our Products, including but not limited to injuries, stomach illnesses, and diarrhea. By purchasing and using any Products from our store, you agree to hold Freezbone, its owners, officers, employees, and agents harmless from any and all liability and future claims and costs (including reasonable attorneys’ fees) arising from injury or illness that may occur as a result of your pet ingesting or using said Products. You acknowledge that it is your responsibility to supervise your pet’s use of the Products and to ensure that your pet does not ingest parts of Products not intended for ingestion. You knowingly and voluntarily assume all risks associated with the use of chew and treat products by your pet.

9. INTELLECTUAL PROPERTY

The Site and all of its content — including the Freezbone, FreezPaw, and Freezbone Club names and logos, trademarks, service marks, trade dress, product names and designs, text, graphics, photographs, videos, and software — are owned by or licensed to Freezbone Inc. and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. No other right or license is granted. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Site content, or use any of our trademarks, without our prior written consent.

10. USER CONTENT AND REVIEWS

If you submit or post reviews, photos, videos, comments, testimonials, ideas, or other content to the Site or to our social media channels, or tag us in content (collectively, "User Content"), you grant Freezbone a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, including for advertising and marketing purposes, without compensation or further notice to you. You represent and warrant that you own or control all rights in your User Content, that it is accurate, and that it does not violate these Terms or any third party’s rights. We may remove or refuse to post any User Content at our discretion. You waive any right to inspect or approve our use of User Content and, to the extent permitted by law, any so-called moral rights in it.

11. ACCEPTABLE USE

You agree to use the Site only for lawful purposes. You may not: use the Site in any way that violates applicable law; attempt to gain unauthorized access to the Site, other users’ accounts, or our systems; use any robot, scraper, or other automated means to access the Site; interfere with or disrupt the Site’s operation or security; introduce viruses or other harmful code; impersonate any person or misrepresent your affiliation with any person or entity; use the Site to transmit content that is unlawful, fraudulent, defamatory, obscene, threatening, or harassing; or purchase Products for unauthorized resale.

12. MOBILE MESSAGING PROGRAM

Our SMS/MMS text messaging program is governed by the Mobile Messaging Program Terms & Conditions set out in Part Two of these Terms and by the Messaging Service Privacy Policy set out in our Privacy Policy. Consent to receive marketing text messages is not a condition of any purchase or of Membership.

13. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: THE SITE, THE MEMBERSHIP PROGRAM, AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY PRODUCT IS SUITABLE FOR ANY PARTICULAR PET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL FREEZBONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND — INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF DATA, LOSS OF USE, OR VETERINARY OR OTHER COSTS ARISING FROM INJURY OR ILLNESS TO A PET — ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PRODUCTS, OR THE MEMBERSHIP PROGRAM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL FREEZBONE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE PRODUCTS, OR THE MEMBERSHIP PROGRAM EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID TO FREEZBONE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND FREEZBONE.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Freezbone Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Site, the Products, or the Membership Program; (c) your User Content; (d) your violation of applicable law or the rights of any third party; or (e) your failure to supervise your pet’s use of the Products.

16. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FREEZBONE TO RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SECTION 16.6.

16.1 Informal Resolution First

Before initiating any arbitration or court proceeding, you and Freezbone each agree to first attempt to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the dispute and the relief sought ("Dispute Notice"); notices to Freezbone must be sent to Freezbone Inc., 2005 Southeast 10th Avenue #405, Fort Lauderdale, FL 33316, or team@freezbone.com. The parties shall negotiate in good faith for sixty (60) days after the Dispute Notice is received. Arbitration or litigation may be commenced only after that sixty (60) day period expires. This informal process is a condition precedent to any proceeding, and any statute of limitations will be tolled during it.

16.2 Agreement to Arbitrate

Any dispute, claim, or controversy between you and Freezbone arising out of or relating to these Terms, the Site, the Products, the Membership Program, or any purchase from us — including federal or state statutory claims, common law claims, and the scope, applicability, enforceability, or validity of this agreement to arbitrate — shall, to the fullest extent permitted by law, be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be held in Fort Lauderdale, Florida, or, at your election, conducted by videoconference, telephone, or written submissions. This agreement to arbitrate is governed by the Federal Arbitration Act ("FAA"). The arbitrator’s decision shall be final and binding, subject only to review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. The arbitrator shall have no authority to award punitive damages, and each party waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court in a jurisdiction where it may properly be brought; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

16.3 Class Action and Jury Trial Waiver

YOU AND FREEZBONE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. ALL DISPUTES SHALL BE ARBITRATED OR LITIGATED ONLY ON AN INDIVIDUAL BASIS, AND THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL PROCEED IN COURT RATHER THAN IN ARBITRATION.

16.4 Mass Arbitration

If twenty-five (25) or more demands for arbitration are filed against Freezbone that raise similar claims and are filed by or with the assistance of the same or coordinated counsel or organizations, the parties agree that such demands shall be administered in staged batches: the parties shall each select ten (10) demands per batch to proceed first, and the remaining demands shall be held in abeyance (with filing fees deferred and statutes of limitation tolled) until the batch concludes, at which point the process repeats or the parties engage in a global mediation informed by the batch results. A court of competent jurisdiction shall have authority to enforce this subsection and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations that do not comply with it.

16.5 Confidentiality

Except as may be required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless necessary to protect or pursue a legal right.

16.6 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver by sending written notice of your decision to Freezbone Inc., by email to team@freezbone.com with the subject line "Arbitration Opt-Out," within thirty (30) days of the date you first accept these Terms. Your notice must include your name, address, the email address associated with your account or orders, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

16.7 Changes; Survival; Severability

If Freezbone makes any material change to this Section 16 in the future, you may reject the change by sending us written notice within thirty (30) days of the change to the address in Section 16.6, in which case this Section as in effect immediately prior to the change will continue to govern. If any provision of this Section is found invalid or unenforceable, that provision shall be severed and the remainder shall remain in full force, except as provided in Section 16.3. If for any reason a dispute proceeds in court rather than arbitration, both parties waive any right to a jury trial. This Section survives cancellation of your Membership and any termination of these Terms.

17. GOVERNING LAW AND VENUE

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Florida and applicable federal law, without regard to conflict of laws principles. Subject to Section 16, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts.

18. FORCE MAJEURE

Freezbone shall not be liable for any failure or delay in performing its obligations under these Terms — including delays in shipping or delivery of Products or Membership Benefits — where the failure or delay results from causes beyond its reasonable control, including acts of God, war, terrorism, strikes, lockouts, riots, pandemics, epidemics, natural disasters, power or communication failures, carrier delays, supply chain disruptions, and government actions (each a "Force Majeure Event"). If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Membership upon written notice, in which case Freezbone will refund the prorated unused portion of any prepaid Membership fee.

19. CHANGES TO THESE TERMS

We may modify these Terms from time to time. When we do, we will post the updated Terms on the Site and update the "Last Updated" date, and we will provide notice of material changes as required by applicable law. Material changes to the Membership Program terms (including Section 7) will apply to you no earlier than your next renewal term. Your continued use of the Site, purchase of Products, or continued Membership after changes take effect constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you must stop using the Site and may cancel your Membership before your next renewal.

20. MISCELLANEOUS

These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and Freezbone regarding their subject matter and supersede all prior agreements on that subject. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms or your Membership without our prior written consent; we may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Sections 7.5, 7.12, 8, 9, 10, and 13 through 20 survive termination. Notices to you may be provided by email to the address associated with your account or order, by SMS where you have opted in, or by posting on the Site.

21. CONTACT US

Freezbone Inc. d/b/a Freezbone Club, · Email: team@freezbone.com · Phone: (833) 272-6080.

PART TWO — MOBILE MESSAGING PROGRAM TERMS & CONDITIONS

The following Mobile Messaging Program Terms & Conditions are preserved in full as previously published. In the event of any conflict between Part One and Part Two with respect to the mobile messaging program, Part Two governs the mobile messaging program.

FREEZBONE MESSAGING TERMS & CONDITIONS – LAST UPDATED 1-17-2023

Freezbone (hereinafter, "Freezbone," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. If you do not agree to these Terms, you may not use the Program.

USER OPT IN.

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Freezbone, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

USER OPT OUT.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Freezbone and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

OTHER TERMS AND POLICIES.

You also agree to our Messaging Privacy Policy, Freezbone Terms of Service and Freezbone Privacy Policy.

PROGRAM DESCRIPTION.

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

MESSAGE FREQUENCY, COST AND CHANGES. MESSAGE AND DATA RATES MAY APPLY.

You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

FEES

The Program is offered on a subscription basis and may be subject to fees. You agree to pay all fees associated with your use of the Program. We reserve the right to change its fee structure and to institute new fees at any time, upon notice to you.

SUPPORT INSTRUCTIONS.

For support regarding the Program, text "HELP" to the number you received messages from or email us at freezthebone@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS DISCLOSURE.

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

DISCLAIMER OF WARRANTY.

The mobile messaging program is provided on an "as is" and "as available" basis without any representations or warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the mobile messaging program will be error-free or uninterrupted.

Freezbone does not warrant that the mobile messaging program will meet your requirements or that the operation of the mobile messaging program will be uninterrupted or error-free.

Freezbone does not warrant that the mobile messaging program or the servers that make the mobile messaging program available are free of viruses or other harmful components.

Freezbone does not warrant or make any representations regarding the use or the results of the use of the mobile messaging program in terms of their correctness, accuracy, reliability, or otherwise.

Freezbone makes no representations or warranties of any kind, express or implied, as to the operation of the Program or the information, content, materials, or products included on the Program

Freezbone makes no warranty or representation that the mobile messaging program will comply with any laws or regulations that may apply to you or your use of the mobile messaging program.

Freezbone makes no warranty or representation that the mobile messaging program will not infringe any third-party rights.

You understand and agree that the Program may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is always subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Freezbone will not be liable to you or any third-party under any circumstances for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the mobile messaging program or any other matter relating to the company, even if Freezbone has been advised of the possibility of such damages.

SUPPORTED DEVICES.

The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Freezbone, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

PROGRAM

This Program is a service of Freezbone, located at 801 Shotgun rd, Weston, FL 33326

AGE RESTRICTION

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

PROHIBITED CONTENTS

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and

• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

You agree to use the Program only for lawful purposes and in accordance with these Terms. You agree not to use the Program to send or receive any messages that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other similar harmful or deleterious programming routines.

LIMITATION OF LIABILITY

In no event shall Freezbone be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the mobile messaging program or any other matter relating to the company, including but not limited to, loss of revenue or anticipated profits, loss of business, loss of data, or damage to reputation, whether in contract, tort (including negligence), strict liability or otherwise, even if Freezbone has been advised of the possibility of such damages.

In no event shall Freezbone's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you, if any, for accessing the mobile messaging program.

Freezbone shall not be liable for any damages resulting from the use of or inability to use the mobile messaging program, including but not limited to, damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the mobile messaging program, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Freezbone shall not be liable for any errors, omissions, or inaccuracies in the content of messages sent through the mobile messaging program, or for any loss or damage of any kind incurred as a result of the use of any content sent through the program.

Freezbone shall not be liable for any unauthorized access to, alteration of, or use of user's account, including but not limited to, unauthorized access to user's account by third parties.

Freezbone shall not be liable for any failure to store or transmit messages through the mobile messaging program, including but not limited to, technical malfunctions, system capacity limitations, and network outages.

Freezbone shall not be liable for any injury or illness to a customer's pet that may result from the consumption of our products, including but not limited to, injuries or stomach illnesses and diarrhea. You are solely responsible for determining the suitability of our products for your pet and for supervising your pet while using our products.

Freezbone is not liable for your order once it leaves our warehouse, it is under the care of USPS, DHL, FEDEX. For any issues or further support with your shipment, kindly reach out directly to the carrier.

By purchasing and using any products from our store, you agree to hold our store and its employees harmless from any and all liability and future claims and costs (Including reasonable attorney fees) arising from injury or illness that may occur as a result of your pet ingesting said products. You acknowledge that it is your responsibility to supervise your pet's use of the products and to ensure that your pet does not ingest them. Freezbone hereby disclaims any liability from any damages, including but not limited to, injury or illness to the pet, resulting from the use of our products

DATA PROTECTION

Freezbone respects your privacy and is committed to protecting your personal information. Our Privacy Policy explains how we collect, use, share, and protect your personal information, as well as your rights in relation to your personal information. By using the mobile messaging program, you acknowledge that you have read and understand our Privacy Policy and agree to its terms.

Freezbone will comply with all applicable laws and regulations related to data protection, including but not limited to, the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).

Freezbone will use the personal information you provide for the purpose of providing the mobile messaging program and for any other purpose set out in our Privacy Policy.

Freezbone will not share your personal information with any third-party, except as provided in our Privacy Policy.

Freezbone will implement and maintain appropriate technical and organizational measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction.

You have the right to access, correct, and delete your personal information. You also have the right to request that we limit the use of your personal information, and to request that we transfer your personal information to another organization.

If you have any questions or concerns regarding our data protection practices, please contact us at (Company's email or phone number) or alternatively, visit our location at 801 Shotgun rd, Sunrise, FL 33326 , United States.

DISPUTE RESOLUTION.

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Fort Lauderdale , FL before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Freezbone ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Freezbone Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Freezbone makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 2005 Southeast 10th Avenue #405, Fort Lauderdale FL 33316, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Freezbone.

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

FORCE MAJEURE

Freezbone shall not be liable for any failure or delay in performance of its obligations under these terms and conditions if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, epidemics, lockouts, riots, acts of terrorism, natural disasters, power outages, communication failures, and government actions (each a "Force Majeure Event").

In the event of a Force Majeure Event, Freezbone may, at its discretion, take such actions as it deems necessary or appropriate to minimize the impact of the Force Majeure Event on its ability to perform its obligations under these terms and conditions, including but not limited to, suspending or terminating the mobile messaging program.

In the event that a Force Majeure Event continues for a period of more than sixty (60) days, Freezbone may terminate these terms and conditions upon written notice to You."

STATE LAWS

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.