Terms of service

WEBSITE TERMS AND CONDITIONS

Last Updated: September 17, 2026

These Website Terms and Conditions, together with any terms presented at checkout, any subscription disclosures, any product-specific terms, any promotional terms, and any policies expressly incorporated by reference in these Terms (collectively, these “Terms”), govern your access to and use of the website, online store, customer portal, content, features, communications, products, subscriptions, and related services offered by Skoon LLC, a Florida limited liability company (the “Company,” “we,” “us,” or “our”), including through skooncatlitter.com and any successor or affiliated website or digital property that posts or links to these Terms.

Article 1 — Acceptance of Terms; Contracting Party

I.  Binding agreement. By accessing or using the website, creating an account, placing an order, enrolling in a subscription, clicking a button or checking a box indicating acceptance, or otherwise completing a transaction with us, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the website, create an account, place an order, enroll in a subscription, or purchase products from us.

II.  Checkout assent. Before completing a purchase or subscription enrollment, you may be required to affirmatively indicate your acceptance of these Terms, including by selecting an unchecked box or clicking a button that states that you agree to these Terms. Your completion of that process constitutes your electronic signature and your agreement to enter into a binding contract with the Company.

III.  Contracting party. The contracting seller is Skoon LLC, a Florida limited liability company doing business as Skoon. All orders, subscriptions, returns, refunds, guarantees, and other customer transactions under the Terms are with Skoon LLC unless expressly stated otherwise.

IV.  Eligibility. You may use the website and purchase products only if you are at least the age of majority in your state of residence, or if you are using the website under the supervision of a parent or legal guardian who agrees to these Terms. By using the website or placing an order, you represent that you have legal capacity to enter into these Terms.

v. Consumer use. The website and products are intended for personal, family, or household use unless we expressly agree otherwise in writing. You may not purchase products for resale, export, commercial distribution, or unlawful use without our prior written consent.

Article 2 — Definitions

I.  Defined terms. For purposes of these Terms:

A.  “Account” means a customer account, subscription portal account, or other registered user profile created through the website.

B.  “Order” means any one-time purchase, subscription enrollment, renewal purchase, replacement shipment, promotional purchase, or other request to purchase products from us.

C.  “Products” means cat litter and related pet products, accessories, samples, bundles, promotional items, and other goods offered for sale through the website.

D.  “Subscription” means any recurring purchase program, auto-delivery plan, membership, replenishment plan, or other arrangement under which you authorize us to charge your payment method and ship products on a recurring basis unless and until the subscription is canceled.

E.  “User Content” means reviews, ratings, photographs, videos, comments, feedback, suggestions, testimonials, social media posts, and other content or materials that you submit, upload, transmit, tag, or otherwise make available to us or through the website.

Article 3 — Accounts; Security; Electronic Communications

I.  Account registration. You may be required to create an Account to place orders, manage subscriptions, access promotions, review order history, or use certain website features. You agree to provide accurate, current, and complete information and to promptly update your information if it changes.

II.  Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your Account, whether or not authorized by you, except to the extent caused by our breach of these Terms or applicable law. You must promptly notify us at help@skooncatlitter.com if you suspect unauthorized access to or use of your Account.

III.  Right to suspend or terminate access. We may suspend, restrict, or terminate your Account or website access if we reasonably believe that you have violated these Terms, engaged in fraud or abuse, created risk for the Company or other users, violated applicable law, or misused any promotion, guarantee, return process, subscription feature, or website function.

IV.  Electronic communications. You consent to receive electronic communications from us relating to your Account, Orders, subscriptions, billing, shipping, returns, legal notices, changes to these Terms, and customer service matters. Electronic notices have the same legal effect as written notices, except where applicable law requires a different form of notice.

v. Marketing communications. We may send you promotional emails, text messages, or other marketing communications in accordance with applicable law and, where required, your consent or communication preferences.

You may opt out of promotional communications at any time using the unsubscribe or opt-out method provided in the applicable communication or through any other method made available by Skoon.

Opting out of promotional communications does not prevent us from sending communications that are non-promotional and reasonably necessary to administer your account, process or service a transaction, provide billing or subscription information, communicate product safety or warranty information, provide legally required notices, or otherwise service your relationship with Skoon.

Text messages are also subject to our SMS Terms and Conditions and SMS Privacy Policy.

Article 4 — Orders; Pricing; Payment; Taxes

I.  Product listings. Product descriptions, images, sizes, weights, ingredients, performance descriptions, compatibility information, availability, pricing, promotions, and other website content are provided for customer convenience and may change from time to time. We endeavor to present accurate information, but we do not warrant that all website content is complete, current, or error-free.

II.  Order acceptance. Your submission of an Order constitutes an offer to purchase Products. We may accept or reject any Order in our discretion, including because of product unavailability, suspected fraud, pricing or typographical error, payment failure, shipping restrictions, or violation of these Terms. An Order is not accepted until we confirm acceptance or ship the applicable Product.

III.  Pricing. Prices are stated in U.S. dollars unless otherwise indicated. We may change prices at any time, but price changes will not apply retroactively to Orders we have already accepted, except where there is an obvious error and we notify you before shipment or charge.

IV.  Payment authorization. By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us, our payment processors, and our service providers to charge that payment method for the total amount of your Order, including Product charges, shipping and handling, taxes, fees, subscription renewal charges, and any other amounts disclosed at checkout.

v. Payment failure. If your payment method is declined, expires, is reversed, or otherwise fails, we may attempt to process the payment again, request updated payment information, suspend or cancel your Order or Subscription, withhold shipment, or pursue amounts owed, subject to applicable law.

VI.  Taxes. You are responsible for all applicable sales, use, excise, and similar taxes, duties, and governmental charges associated with your Order, except taxes based on our net income. We may calculate, collect, and remit taxes as required or permitted by applicable law.

VII.  Errors. We reserve the right to correct pricing, product, promotional, subscription, shipping, and typographical errors and to cancel or refuse Orders affected by such errors. If we cancel an Order after charging you, we will issue a refund of the amount charged for the canceled portion.

Article 5 — Shipping; Delivery; Risk of Loss

I.  Shipping areas. We ship to addresses within the United States, subject to carrier limitations, legal restrictions, product availability, weather events, hazardous-material restrictions, and other operational constraints.

II.  Shipping charges. Shipping and handling charges, if any, will be disclosed before checkout or in the applicable subscription or promotional terms. Promotional free-shipping offers are subject to the conditions stated with the offer.

III.  Delivery estimates. Delivery dates are estimates only and are not guaranteed unless expressly stated in writing. We are not responsible for delays caused by carriers, weather, labor disruptions, incorrect addresses, access restrictions, force majeure events, or other circumstances beyond our reasonable control.

IV.  Title and risk of loss. Title to and risk of loss for Products pass to you upon our delivery of the Products to the carrier for shipment, except to the extent applicable law requires otherwise or we expressly state a different shipping term at checkout.

v. Address accuracy. You are responsible for providing a complete and accurate shipping address. We are not responsible for non-delivery, delay, theft, misdelivery, spoilage, damage, or additional charges resulting from an incorrect, incomplete, inaccessible, or outdated address provided by you.

VI.  Damaged or missing shipments. If a shipment arrives damaged or incomplete, you must contact us at help@skooncatlitter.com within 15 calendar days after delivery and provide the order number, description of the issue, photographs if available, and any other reasonably requested information. We may, in our discretion and subject to applicable law, provide a refund, replacement, account credit, or carrier claim assistance.

Article 6 — Subscriptions; Automatic Renewal; Cancellation

I.  Subscription enrollment. If you enroll in a Subscription, you authorize us to ship the selected Products and charge your designated payment method on a recurring basis at the price, quantity, shipment frequency, billing interval, and other terms disclosed at checkout and in your subscription acknowledgment.

II.  Automatic renewal notice. Your Subscription will continue and automatically renew at the recurring billing and shipment interval disclosed to you at enrollment unless and until you cancel it in accordance with these Terms. By enrolling in a Subscription, you expressly authorize recurring charges to your payment method until cancellation becomes effective.

III.  Material subscription terms. Before you enroll in a Subscription, we will disclose the material terms applicable to your Subscription, including, as applicable:

A.  the Products included;

B.  the recurring price and any applicable shipping, handling, taxes, or fees;

C.  the billing and shipment frequency;

D.  whether the offer includes a free trial, introductory price, promotional discount, or other limited-time term;

E.  when and how charges will occur;

F.  how to cancel;

G.  the deadline by which you must cancel to avoid the next charge; and

H.  any minimum purchase, minimum term, or other material condition, if applicable.

IV.  Acknowledgment. After you enroll in a Subscription, we will provide an acknowledgment that includes the automatic renewal terms, cancellation policy, and information on how to cancel, in a form you may retain.

V. Changes to subscription terms. We may modify certain terms of your Subscription, including price, product availability, shipping charges, or fulfillment frequency. If we make a material change, we will provide notice before the change takes effect and, where required by law, obtain your affirmative consent. You may cancel before the effective date of the change to avoid future charges under the revised terms.

VI.  Promotional and trial offers. If a Subscription begins with a free trial, introductory discount, promotional price, or other special offer, the offer will continue only for the disclosed promotional period. Unless you cancel before the disclosed deadline, your Subscription will convert to a paid recurring Subscription at the then-disclosed recurring price and interval. The recurring price, timing of the first paid charge, and deadline to cancel before that charge will be clearly disclosed at enrollment.

VII.  Cancellation method. You may cancel your Subscription on your account page, by contacting us at help@skooncatlitter.com, or by any other cancellation method we expressly make available.

VIII.  Cancellation deadline. To avoid the next charge, you must cancel before the start of your next billing cycle. Cancellations submitted after that deadline may apply to the next billing cycle, subject to applicable law and any cancellation rights expressly disclosed at enrollment.

IX.  Effect of cancellation. Cancellation stops future recurring charges after the cancellation becomes effective. Cancellation does not automatically refund charges already processed, stop shipments already in fulfillment, or relieve you of amounts validly incurred before cancellation, except as required by applicable law or expressly provided in our refund policy. Your account or confirmation communication will identify the effective date of any skip, pause, or modification.

X.  Skipped shipments and modifications. If we permit you to skip, pause, delay, change, or modify a Subscription, those changes will apply only as confirmed through your Account or by our customer service team. Skipping, pausing, or changing a shipment does not cancel the Subscription unless we expressly confirm cancellation.

XI.  Subscription account accuracy. You are responsible for maintaining accurate payment, shipping, and contact information for your Subscription. We may update payment information through account-updater services made available by card networks or payment processors, subject to applicable law.

XII. Renewal Notices. We will provide renewal, promotional-expiration, or other subscription notices when and in the manner required by applicable law.

Article 7 — Promotions; Discounts; Gift Cards; Credits

I.  Promotional terms. Promotions, discounts, coupons, referral offers, bundles, free gifts, samples, credits, rebates, and similar offers are subject to the terms stated in the applicable offer and these Terms. If promotional terms conflict with these Terms, the more specific promotional terms govern the promotion only.

II.  Eligibility and restrictions. Promotions may be limited by customer, household, Account, email address, shipping address, payment method, geography, product, order value, subscription status, time period, or other disclosed conditions. Promotions have no cash value and may not be transferred, sold, reproduced, redeemed for cash, combined with other offers, or applied retroactively unless we expressly allow it.

III.  Abuse. We may refuse, revoke, cancel, or adjust any promotion, discount, credit, or benefit if we reasonably believe it was obtained or used through fraud, abuse, mistake, technical manipulation, multiple Accounts, resale activity, or violation of the applicable promotional terms.

IV.  Gift cards and credits. Gift cards, store credits, loyalty credits, and account credits, if offered, are subject to the terms disclosed at issuance and applicable law. Unless required by law or expressly stated otherwise, credits are not redeemable for cash and may be used only for eligible purchases from us.

Article 8 — Returns; Refunds; Exchanges; Product Guarantee

I. Returns and Refunds. Eligible Products may be returned or refunded in accordance with our then-current Returns & Refunds Policy, which is incorporated into these Terms by reference. The Returns & Refunds Policy identifies applicable return periods, eligibility requirements, return procedures, shipping responsibilities, and refund terms.

II. Return Eligibility. Unless otherwise stated in our Returns & Refunds Policy, a return must be initiated within the applicable return period and the Product must satisfy any condition requirements applicable to that Product. We may require proof of purchase and information reasonably necessary to identify and process the return.

III. Return Instructions and Shipping. Before returning a Product, you should contact us at help@skooncatlitter.com or use another return method we make available so that we can provide the appropriate return instructions and destination. Unless otherwise stated in the Returns & Refunds Policy or required by applicable law, customers are responsible for return shipping costs.

We are not responsible for Products sent to an incorrect return location or for returned Products that we do not receive, except to the extent required by applicable law.

IV. Refunds. If a refund is approved, we will issue the refund to the original payment method or another method permitted by applicable law and our Returns & Refunds Policy. The timing of the refund may depend on receipt and, where applicable, inspection of the returned Product, as well as processing times imposed by payment processors or financial institutions.

Original shipping charges, return shipping costs, promotional credits, discounts, and other charges will be refunded only as provided in the applicable offer, our Returns & Refunds Policy, or applicable law.

V. Damaged, Defective, or Incorrect Products. If you receive a Product that is damaged, defective, or materially different from the Product ordered, please contact us promptly at help@skooncatlitter.com. We may request photographs, packaging information, proof of purchase, or other information reasonably necessary to evaluate the claim.

If the claim is verified, we may provide a replacement, refund, or other appropriate remedy, subject to applicable law.

VI. Exchanges and Replacements. Where available, exchanges or replacement Products are subject to Product availability and the terms of our Returns & Refunds Policy. If an identical replacement Product is unavailable, we may offer a comparable Product, refund, or other remedy with your agreement or as otherwise permitted by applicable law.

VII. Product Guarantee. Certain Company Products may be offered with a satisfaction guarantee, money-back guarantee, odor-control guarantee, or other expressly stated Product guarantee. Any such guarantee applies only according to the specific terms disclosed with the applicable Product or offer.

Unless expressly stated otherwise, a Product guarantee applies only to eligible Products purchased directly from The Company and may require proof of purchase and information reasonably necessary to evaluate the claim.

VIII. First-Order Trial Guarantee. The Company offers a 30-day money-back guarantee on a customer's first qualifying trial order of Skoon Cat Litter. The 30-day period begins on the date the qualifying order is delivered.

To request a refund under the trial guarantee, contact us at help@skooncatlitter.com within the 30-day guarantee period. Additional eligibility requirements and procedures are set forth in our Returns & Refunds Policy.

IX. Other Purchases. Products that are not covered by an applicable Product guarantee may be returned only if eligible under our Returns & Refunds Policy. Certain opened, used, final-sale, promotional, or other designated Products may be ineligible for return except where a return, refund, replacement, or other remedy is required by applicable law.

X. Relationship to Legal Rights. Our Returns & Refunds Policy and any Product guarantee are in addition to any rights or remedies that cannot lawfully be waived or limited. Nothing in these Terms limits any refund, replacement, repair, cancellation, or other remedy required by applicable law.

.

Article 9 — Product Information; Pet Safety; Use of Products

I.  Product use. You agree to use Products only for their intended purpose and in accordance with all Product packaging, labels, instructions, warnings, and directions. Cat litter and related pet products are not intended for human consumption, medical use, veterinary treatment, diagnosis, or prevention of any disease.

II.  Pet health. You are responsible for monitoring your pet’s health, behavior, sensitivities, allergies, litter-box habits, and reaction to Products. If your pet experiences distress, illness, abnormal behavior, ingestion, respiratory symptoms, skin irritation, or any other adverse reaction, discontinue use and consult a licensed veterinarian.

III.  No veterinary advice. Website content, customer service communications, reviews, marketing materials, and Product information are provided for general informational purposes and do not constitute veterinary, medical, nutritional, behavioral, or professional advice.

IV.  Household safety. You must store and use Products safely, keep packaging and Products away from children where appropriate, avoid inhaling excessive dust, avoid ingestion, wash hands after handling as appropriate, and follow disposal instructions and applicable local requirements.

v. Variations. Natural, manufacturing, packaging, shipping, or supply-chain variations may occur in Product color, texture, scent, size, weight, clumping characteristics, packaging, and performance. Such ordinary variations do not constitute a defect unless the Product fails to conform to an applicable express warranty or non-waivable legal requirement.

Article 10 — Warranties; Disclaimers

I.  Express statements. Certain Product descriptions, labels, specifications, instructions, guarantees, or written statements may constitute express warranties to the extent they are made part of the basis of the bargain and cannot lawfully be disclaimed. No employee, representative, contractor, affiliate, service provider, influencer, reviewer, or other person is authorized to create any warranty or obligation on our behalf except through written terms expressly issued or approved by the Company.

II.  General Marketing and Informational Content. General advertising, opinions, testimonials, reviews, educational materials, photographs, and other website content are provided for informational or promotional purposes and do not expand any express warranty or Product guarantee except to the extent a specific statement constitutes a warranty under applicable law.

III.  Website and Service Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ACCOUNT FEATURES, SUBSCRIPTION FEATURES, CONTENT, SERVICES, AND OTHER ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS WARRANTIES RELATING TO THE OPERATION, AVIALABILITY, ACCURACY, OR PERFORMANCE OF THOSE ONLINE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

IV.  Product Warranties. Except for any express written warranty or Product guarantee provided by the Company, and subject to applicable federal and state law, The Company disclaims implied warranties concerning Products only to the extent such warranties may lawfully be disclaimed or limited. Where applicable law does not permit exclusion of an implied warranty, that warranty will apply only to the extent required by law. Where applicable law permits the duration of an implied warranty to be limited, its duration may be limited to the duration of the applicable written warranty or Product guarantee, to the extent permitted by law.

V. Consumer-law limitations. Some jurisdictions do not permit the exclusion or limitation of certain warranties or remedies. Accordingly, some provisions of this Article may not apply to you, and you may have additional rights under applicable law.

VI. Preservation of non-waivable rights. Nothing in these Terms disclaims, excludes, restricts, or limits any warranty, condition, right, remedy, liability, or obligation that cannot lawfully be disclaimed, excluded, restricted, or limited, including rights relating to personal injury, product liability, fraud, willful misconduct, gross negligence, or statutory consumer protections to the extent non-waivable under applicable law.

Article 11 — Website Use; Prohibited Conduct

I.  Permitted use. You may use the website only for lawful, personal, non-commercial purposes and in accordance with these Terms.

II.  Prohibited conduct. You may not:

A.  use the website or Products for any unlawful, fraudulent, abusive, harmful, or unauthorized purpose;

B.  interfere with or disrupt the website, servers, networks, security features, payment systems, fulfillment systems, or other users;

C.  attempt to gain unauthorized access to any Account, system, data, or network;

D.  scrape, crawl, harvest, index, copy, monitor, or extract website data by automated means except as permitted by us in writing;

E.  reverse engineer, decompile, disassemble, or attempt to derive source code or underlying technology from the website;

F.  use the website to transmit malware, spam, unlawful content, or infringing materials;

G.  impersonate any person or entity or misrepresent your affiliation with any person or entity;

H.  engage in resale, diversion, arbitrage, or bulk purchasing inconsistent with personal consumer use;

I.  manipulate reviews, referrals, promotions, subscriptions, returns, refunds, credits, guarantees, or account benefits; or

J.  violate any applicable law, third-party right, or these Terms.

III.  Enforcement. We may investigate suspected violations and take appropriate action, including refusing Orders, canceling subscriptions, limiting quantities, suspending Accounts, removing User Content, revoking promotions, or cooperating with lawful requests, subject to applicable law.

Article 12 — Intellectual Property

I.  Company property. The website and all content, design, text, graphics, photographs, videos, icons, logos, trademarks, trade dress, product names, domain names, software, code, interfaces, data compilations, and other materials made available through the website are owned by or licensed to the Company and are protected by intellectual property and unfair competition laws.

II.  Limited license. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the website for personal, non-commercial shopping and account-management purposes.

III.  Restrictions. Except as expressly permitted by these Terms or applicable law, you may not copy, reproduce, distribute, display, perform, modify, create derivative works from, sell, license, exploit, or use any Company intellectual property without our prior written consent.

IV.  Feedback. If you provide ideas, suggestions, improvements, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable right to use, reproduce, modify, commercialize, and otherwise exploit that feedback for any purpose without compensation or attribution, subject to applicable law.

Article 13 — User Content; Reviews; Testimonials

I.  Responsibility for User Content. You are solely responsible for your User Content. You represent and warrant that you own or have all rights necessary to submit User Content and to grant the rights described in these Terms.

II.  License to User Content. By submitting User Content, you grant the Company and its affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit the User Content in any media or channel for marketing, advertising, product development, customer service, and other lawful business purposes, subject to applicable law and our Privacy Policy.

III.  Review standards. User Content must be truthful, based on your actual experience, and must not be false, misleading, defamatory, obscene, harassing, discriminatory, infringing, unlawful, or otherwise objectionable. You must disclose any material connection, incentive, discount, free product, or other benefit you received in connection with your review or testimonial.

IV.  Moderation. We may, but have no obligation to, monitor, edit, reject, remove, or decline to display User Content for any lawful reason, including violation of these Terms, suspected inauthenticity, legal risk, privacy concerns, or operational reasons.

Article 14 — Privacy; Data; Security

I.  Privacy Policy. Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the website, creating an Account, placing an Order, or enrolling in a Subscription, you acknowledge our Privacy Policy.

II.  Payment information. Payment information may be collected and processed by third-party payment processors. We do not control all aspects of third-party payment processing and are not responsible for payment processor acts or omissions except to the extent required by applicable law.

III.  Security. We use reasonable administrative, technical, and physical safeguards designed to protect information in our possession. No website, transmission, system, or storage method is completely secure, and we do not guarantee absolute security.

Article 15 — Third-Party Services and Content

I.  Third-party services. The website may interoperate with third-party services, including payment processors, shipping carriers, tax calculators, review tools, marketing providers, analytics providers, and customer support platforms. Your use of third-party services may be subject to their separate terms and policies.

II.  Third-party content. References to third-party products, services, content, reviews, social media posts, or resources are provided for convenience and do not constitute endorsement, sponsorship, control, or responsibility by the Company.

Article 16 — Indemnification

I.  Customer indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, managers, members, employees, contractors, agents, service providers, successors, and assigns from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

A.  your breach of these Terms;

B.  your misuse of the website or Products;

C.  your User Content;

D.  your violation of applicable law or third-party rights;

E.  your fraud, willful misconduct, or negligence; or

F.  your resale, diversion, commercial distribution, or unauthorized use of Products.

II.  Consumer limitations. The foregoing indemnity applies only to the extent permitted by applicable law and does not require you to indemnify any person for that person’s gross negligence, willful misconduct, fraud, statutory violation, or liability that cannot lawfully be shifted to you.

III.  Defense control. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any indemnified claim without our prior written consent if the settlement imposes any obligation on us, admits liability by us, or fails to provide a full release of the indemnified parties.

Article 17 — Limitation of Liability

I.  Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY DESCRIBED IN SECTION III BELOW, THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

II.  Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY DESCRIBED IN SECTION III BELOW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND THE OTHER RELEASED PARTIES ARISING OUT OF OR RELATING TO THE WEBSITE, PRODUCTS, ORDERS, SUBSCRIPTIONS, PROMOTIONS, RETURNS, GUARANTEES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100.

III.  Exceptions and Non-Waivable Liability. Nothing in these Terms excludes, restricts, or limits liability to the extent such exclusion, restriction, or limitation is prohibited by applicable law. Without limiting the foregoing, the limitations in the Article do not apply to liability that cannot lawfully be limited or excluded, including, where applicable, liability for personal injury or death caused by negligence or a defective consumer product, product-liability claims, fraud or fraudulent concealment, intentional or willful misconduct, gross negligence, or statutory consumer rights and remedies that cannot be waived.

IV.  Basis of bargain. The limitations, exclusions, and disclaimers in these Terms are material terms of the bargain between you and the Company and apply even if any limited remedy fails of its essential purpose, to the maximum extent permitted by applicable law.

Article 18 — Dispute Resolution; Arbitration; Class-Action Waiver

I.  Informal resolution. Before initiating arbitration or court proceedings, you and the Company agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to the website, Products, Orders, subscriptions, promotions, returns, guarantees, communications, or these Terms by sending written notice to the other party describing the dispute and the requested relief. Notices to the Company must be sent to help@skoonlitter.com and 1115 Morse Ave Schaumburg, IL 60193. The parties will have 60 days after receipt of the notice to attempt resolution. Any applicable statute of limitations or contractual filing deadline will be tolled during the 60-day informal resolution period.

II.  Agreement to arbitrate. Except for the claims described in Section III of this Article 18, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the website, Products, Orders, subscriptions, promotions, returns, guarantees, communications, or these Terms will be resolved by final and binding individual arbitration under the Federal Arbitration Act.

III.  Exceptions. The arbitration requirement does not apply to:

A.  individual claims filed in small claims court, if they qualify and remain in small claims court;

B.  actions seeking only temporary or preliminary injunctive relief for alleged misuse of intellectual property, unauthorized access, security incidents, or other irreparable harm, pending arbitration of the merits if applicable;

C.  claims that applicable law prohibits from being arbitrated; or

D.  public injunctive relief claims, to the extent such claims cannot lawfully be required to be arbitrated.

IV.  Arbitration procedures. Arbitration will be administered by the American Arbitration Association (“AAA”) under its current Consumer Arbitration Rules and Mediation Procedures, as modified by these Terms. The arbitration will be conducted by a single neutral arbitrator. Unless the parties agree otherwise, any hearing may be conducted by video conference, telephone, written submissions, or in person, as permitted by the AAA Rules and determined appropriate by the arbitrator. If an in-person hearing is required, the location will be determined in accordance with the AAA Consumer Arbitration Rules, taking into account the circumstances of the parties and the dispute. Nothing in these Terms requires a consumer to travel to Illinois or another location if doing so would be inconsistent with the AAA Rules or applicable law.

v. Arbitrator authority. The arbitrator has authority to resolve all issues of arbitrability, enforceability, formation, scope, interpretation, and validity of this arbitration agreement, except that only a court may decide issues concerning the validity or enforceability of the class-action waiver in Section VII of this Article 18.

VI.  Individual relief only. The arbitrator may award the same individual remedies that a court could award, including damages, statutory remedies, attorneys’ fees, and injunctive or declaratory relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

VII.  Class-action and representative-action waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR CONSOLIDATED ACTION.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.

Neither party consents to class arbitration. No arbitrator may conduct class arbitration or combine the claims of multiple individuals into a single mertis proceeding without the express agreement of all affected parties, except to the extent otherwise required by non-waivable law.

Nothing in this Section waives any right or remedy that applicable law does not permit a party to waive.

VIII.  Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL.

IX.  Opt-out. You may opt out of the arbitration agreement and class-action waiver by sending written notice to help@skooncatlitter.com within thirty days after you first accept these Terms. Your notice must include your name, address, email address associated with your Account or Order, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

X.  Severability. If any portion of this Article 18 is found unenforceable, the unenforceable portion will be severed, and the remainder will remain in effect, except that if the class-action waiver is found unenforceable as to a claim, and that determination is final after all appeals, the affected claim must proceed in court and not in arbitration.

Article 19 — Governing Law; Forum

I.  Governing law. These Terms and any dispute arising out of or relating to these Terms, the website, Products, Orders, subscriptions, promotions, returns, guarantees, or communications with us are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules that would require application of another state’s law, except that the Federal Arbitration Act governs the interpretation and enforcement of Article 18.

II.  Forum for court proceedings. Subject to Article 18, any court proceeding arising out of or relating to these Terms, the website, Products, Orders, subscriptions, promotions, returns, guarantees, or communications with us must be brought exclusively in the state or federal courts located in DuPage County, Illinois, and each party consents to the personal jurisdiction and venue of those courts, except for qualifying small claims proceedings or where applicable law requires otherwise.

III.  Consumer protections. If you reside in a state whose laws provide non-waivable consumer protections, nothing in these Terms deprives you of those protections to the extent they cannot lawfully be waived by contract.

Article 20 — Changes to These Terms

I.  Prospective changes. We may revise these Terms from time to time by posting updated Terms with a new “Last Updated” date or by providing other notice as required by applicable law. Changes apply prospectively and do not retroactively alter the terms applicable to Orders already accepted, charges already incurred, or disputes that accrued before the effective date of the change, except to the extent permitted by law and expressly stated.

II.  Material changes. If we make material changes to provisions affecting subscriptions, automatic renewal terms, dispute resolution, pricing, payment authorization, warranties, liability limitations, or other material rights, we will provide notice or obtain consent as required by applicable law.

III.  Continued use. Your continued use of the website, placement of Orders, or participation in a Subscription after updated Terms become effective constitutes acceptance of the updated Terms, except where applicable law requires affirmative consent.

Article 21 — Termination

I.  Termination by you. You may stop using the website at any time. You may cancel subscriptions only in accordance with Article 6. Termination of website use does not cancel pending Orders, subscriptions, or payment obligations unless expressly confirmed by us or required by law.

II.  Termination by us. We may suspend or terminate your access to the website, Account, promotions, or subscriptions if we reasonably determine that you have violated these Terms, created legal or operational risk, engaged in fraud or abuse, failed to pay amounts owed, or used the website or Products unlawfully.

III.  Survival. Provisions that by their nature should survive termination will survive, including provisions relating to payment obligations, ownership, User Content licenses, warranty disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and separateness.

Article 22 — Force Majeure

I.  Excused performance. We will not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, severe weather, natural disasters, fire, flood, epidemic, pandemic, labor disputes, supply-chain disruption, carrier delay, utility or communications failure, cyberattack, war, terrorism, civil unrest, governmental action, embargo, shortage, product recall, or inability to obtain materials, Products, transportation, or services on commercially reasonable terms.

II.  Effect. If a force majeure event affects an Order or Subscription, we may delay shipment, cancel affected Orders, substitute comparable Products with your consent where permitted, issue refunds or credits for canceled portions, suspend performance, or take other commercially reasonable action. If a Subscription is affected, cancellation of a particular shipment will not, by itself, cancel the Subscription unless we expressly confirm cancellation or applicable law requires otherwise.

Article 23 — Notices

I.  Notices to us. Legal notices to the Company must be sent to help@skooncatlitter.com and 1115 Morse Ave Schaumburg, IL 60193, unless a different notice address is required by law or expressly stated in a transaction-specific notice.

II.  Notices to you. We may provide notices to you by email, through your Account, by posting on the website, by including notice in an order confirmation or shipment communication, or by mail to the contact information associated with your Account or Order. You are responsible for keeping your contact information current.

III.  Effectiveness. Notices sent by email or through your Account are effective when sent, unless we receive an automated delivery-failure notice. Notices posted on the website are effective when posted, unless a later effective date is stated. Notices sent by mail are effective when delivered or, if delivery is refused or not completed because of outdated or incorrect information provided by you, when delivery is attempted.

Article 24 — Assignment; No Third-Party Beneficiaries; Entity Separateness

I.  Assignment by you. You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms, any Order, any Subscription, or any Account without our prior written consent. Any attempted assignment in violation of this Article 24 is void.

II.  Assignment by us. We may assign, transfer, delegate, or subcontract our rights and obligations under these Terms, in whole or in part, to an affiliate, service provider, successor, acquirer, surviving entity, or purchaser of assets, equity, business operations, or product lines, provided that any such assignment will not reduce your non-waivable consumer rights.

III.  No third-party beneficiaries. Except for the Company’s affiliates, officers, managers, members, employees, contractors, agents, service providers, successors, and assigns to the extent expressly protected by Articles 16, 17, 18, 24, and 25, these Terms do not create any rights or remedies in favor of any third party.

IV.  Entity separateness. The Company is solely responsible for its own obligations under these Terms. No member, manager, owner, parent company, affiliate, officer, employee, contractor, agent, investor, lender, supplier, platform provider, payment processor, carrier, or service provider is liable for the Company’s obligations solely by reason of its relationship with the Company.

Article 25 — General Terms

I.  Entire agreement. These Terms, together with any terms presented at checkout, subscription disclosures, product-specific terms, promotional terms, return policy, guarantee terms, Privacy Policy, and other policies expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the website, Orders, Products, subscriptions, and related services, and supersede all prior or contemporaneous understandings regarding those matters.

II.  Order of precedence. If these Terms conflict with terms presented at checkout or with product-specific, subscription-specific, promotional, guarantee, return, or other transaction-specific terms, the more specific terms govern the applicable transaction only. No website statement, advertisement, review, social media post, customer service communication, or other content modifies these Terms unless it expressly states that it modifies these Terms and is issued or approved by the Company.

III.  Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary, and the remaining provisions will remain in full force and effect.

IV.  No waiver. Our failure or delay in exercising any right, power, or remedy under these Terms does not waive that right, power, or remedy. A waiver is effective only if in writing and signed by an authorized representative of the Company, and only for the specific instance stated.

V. Interpretation. Headings are for convenience only and do not affect interpretation. The words “including,” “includes,” and similar terms mean “including without limitation.” The word “or” is not exclusive. The singular includes the plural, and the plural includes the singular, as the context requires.

VI.  Equitable relief. You acknowledge that misuse of the website, infringement or misappropriation of intellectual property, unauthorized access to systems or data, or violation of restrictions on User Content may cause irreparable harm for which monetary damages may be inadequate. We may seek injunctive or equitable relief for those matters, subject to Article 18 and applicable law.

VII.  Export and sanctions compliance. You may not use, purchase, receive, ship, resell, export, re-export, transfer, or otherwise provide Products or website access in violation of applicable export-control, sanctions, customs, or trade laws.

VIII.  Claims period. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms, the website, Products, Orders, subscriptions, promotions, returns, guarantees, or communications must be brought within one year after the claim accrues, or within the shortest longer period that applicable law requires if a one-year period is not enforceable.

 

Article 26 — Contact Information

I.  Customer service. For questions about Orders, subscriptions, cancellations, returns, refunds, Products, guarantees, or Account issues, contact us at help@skooncatlitter.com, (888)433-9089, or 1115 Morse Ave Schaumburg, IL 60193.

II.  Legal notices. Legal notices must be sent in accordance with Article 23 to help@skooncatlitter.com and 1115 Morse Ave Schaumburg, IL 60193.