1. Acceptance of terms

The website www.twincritters.com, which includes related social networking sites and pages, such as www.instagram.com/twincritters and www.facebook.com/twincritters, (collectively, the “Site”) as well as various content, features, tools, products, services, and other materials offered or available in connection with the Site (the “Services”) are operated by Amphibitwin, Inc. (“we,” “us,” or “our”). We provide the Site and Services to customers, visitors, vendors, merchants, content contributors and all other users who browse, access, or interact in any way with the Site or Services, whether personally or on behalf of an entity (“you” or “your”).

These Terms of Use (“Terms”) constitute a legally binding agreement made between you and us concerning your access to and use of the Site and/or Services. Please read these Terms carefully before accessing the Site or Services. In consideration of your accessing the Site, you acknowledge the importance of protecting the integrity of the Services for all users and you expressly agree to be bound by these Terms as well as the Privacy Policy and you further agree to follow any additional rules, requirements, practices, and guidelines that are posted on the Site from time to time. YOUR USE OF THE SITE AND SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCESS THE SITE OR USE THE SERVICES.

We reserve the right, in our sole discretion, to change, modify, or remove the contents of the Site or any of the terms and conditions contained in these Terms at any time or for any reason at our sole discretion without notice to you. Any changes or modifications to these Terms will be effective immediately upon posting the revised Terms on the Site and you waive any right to receive specific notice of each such change or modification. Your continued use of or access to the Site or Services after such posting means you accept and agree to be bound by the modified Terms. We encourage you to periodically review these Terms to stay informed of updates. You agree to be responsible for monitoring changes to the Site or Services.

2. Description of services

We operate and maintain the Site and Services, which provide pet products, a blog, and additional information about critters fondly referred to as pets. The Site is hosted by Shopify, Inc., which provides the online e-commerce platform that allows us to market the Services (“Online Store”). We reserve the right to refuse service to anyone for any reason at any time. You understand that your information (excluding credit card data) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks to electronic devices. Credit card data is always encrypted while in transit over networks.

You are responsible for your own actions on the Site. We make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, reviews, or legality of the information contained within the Online Store or any other products displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be relied upon and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any product or Service offered or available via the Site and the Site is provided for informational, entertainment, and advertising purposes only.

3. Acceptable use policy

This Acceptable Use Policy, which is incorporated into these Terms, describes actions that are prohibited when you use the Site or Services. Any use of the Site and Services that does not comply with this Acceptable Use Policy will result in, among other things, termination or suspension of your rights to use the Site and/or the Services. We reserve the right, but not the obligation, to refuse to grant access to or use of the Site or Services to any person for any reason at any time; take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

When you access the Site or use the Services, you represent and warrant as follows:
a. You are at least the age of majority in your state or province of residence or if you have not reached the age of majority, you have received permission from your parent or legal guardian to access the Site and use the Services;
b. You have the legal capacity and authority to agree to and comply with these Terms, and if you are using the Site or Services on behalf of a third party, including but not limited to a business entity, you warrant full authority to act as an authorized representative of that third party and further authority to bind that third party to these Terms;
c. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
d. You will not use the Services for any illegal or unauthorized purpose, including without limitation using the Site in any way that we find (in our sole discretion) competes with or displaces the market for the Site or Services, and your use of the Site or Services will not violate any applicable law or regulation;
e. All information you submit to us will be true, accurate, current, and complete. You will not impersonate any other individual, whether real or fictitious, or provide us with false information about yourself and you will promptly update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site or Services;
f. You will not hack or interfere with the Site, the Services, our servers or any connected networks, and you will not upload corrupted files or files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, or other computer programming routines or similar software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
g. You will not use the Site or Services to gain advertising or subscription revenue or engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003;
h. Sell advertising on the Site or any other website that is targeted to any of our Services and you will not use the Site or Services for commercial gain or use;
i. You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available;
j. You will not engage in activities or transmit through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
k. You will not transmit any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party; and
l. You will not restrict or inhibit any user from using and enjoying the Site or the Services.

4. Modifications of the site and prices

Although we strive to provide accurate, reliable, and credible information on the Site, certain Services offered or available through the Site (including the Online Store) are subject to change and may not be accurate, complete, or current. We are not responsible if information made available on the Site or related to the Services is not accurate, complete, or current. For example, prices for products displayed via the Online Store are subject to change without notice. Any new feature or tool added to the Site (including the Online Store) or the Services will also be subject to these Terms. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue any product or all or part of the Services without notice at any time. We will not be liable to you or any other third party for any modification, suspension, or discontinuance of the Site, any product, or other Services.

There may be information in the Site that contains typographical errors, inaccuracies, or omissions that may relate to a product or other Services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice to you. We cannot guarantee the Site and the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any damage, loss, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms will be construed to obligate us to maintain and support the Site or Services or to supply any corrections, updates, or releases in connection therewith.

5. Payments

We reserve the right to refuse any payment placed through the Site. You are responsible for payment of the Services by means of a payment method made available through the Site and selected at the time of making your payment (“Payment Method”). You agree to pay all charges at the prices then in effect for the products and other Services you purchase and you authorize us to charge the chosen payment provider for any such purchases. Sales tax or tariffs may be added to the purchase price as deemed required by us. We use third party payment providers to process payments. We have the right to change any and all applicable charges and rates at any time by giving notice of such change on the Site. Any changes to the charges and rates will take effect immediately upon posting to the Site, unless otherwise stated. Your continued use of the Site and Services after the change in charges and rates have taken effect will constitute your acceptance of such change. Depending on your country, charges may vary. You will accept full responsibility for use of the Services and you will be liable for all charges resulting from your Payment Method, whether or not processed with your knowledge or authority. If you discover that a charge was made by an unauthorized user of your Payment Method, contact us immediately by email at info@twincritters.com. You agree to hold us harmless from all actions we take in good faith and in the normal course of business based on charges associated with your Payment Method.

6. Availability of products

The products available via the Online Store may have limited quantities. We have tried to display as accurately as possible the colors and images of products that appear in the Online Store. We cannot guarantee that your electronic display of any color or image will be accurate. We reserve the right, but not the obligation, to limit the sales of our products to any person, geographic region, or jurisdiction and we may exercise this right on a case-by-case basis. We further reserve the right to limit quantities of any products offered or available via the Online Store. All descriptions of products or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address provided at the time the order was made. We do not warrant that the quality of any product purchased or obtained by you will meet your expectations and we do not allow products to be exchanged for any reason; however, our 30-Day Money Back Guarantee and our Lifetime Guarantee (both described below) are intended to remedy product disappointments and defects. We reserve our right to discontinue any product at any time without notice. Any offer for a product or other of the Services made on the Site is void where prohibited by law.

7. 30 day money back guarantee

Pursuant to our “30 Day Money-Back Guarantee,” if you are not 100% satisfied with the purchased product, you may request a refund within thirty (30) calendar days after receiving your order by contacting us at info@twincritters.com. We will determine whether your request for a refund will be honored. All refunds of the purchase price will be provided as a credit to the Payment Method associated with the purchase; however, shipping charges, if any, are non-refundable. It may take up to thirty (30) days for the credit to be processed and posted to your Payment Method.

8. Lifetime guarantee

Our “Lifetime Guarantee” is limited to quality control and ensures that our products will last for the duration of their useful life. If you experience a quality issue with a purchased product, contact us at info@twincritters.com. If the Lifetime Guarantee applies, we will (at our sole option) either replace the product with the same or similar product of like kind and quality in stock and you will be responsible for all shipping charges or we will refund your purchase price for the product less shipping charges, if any. The Lifetime Guarantee does not extend to product use that is inconsistent with proper use, as determined by us in our sole discretion. For example, and without limitation, the Lifetime Guarantee does not cover your preferences (or your pet’s preferences) for softness, size, or color; abuse to the product (such as burns, cuts, liquid damage, stains); or any theft, act of God, or other loss.

9. Feedback

You acknowledge and agree that any questions, comments, suggestions, creative ideas, proposals, ratings, reviews, feedback, materials, or other information regarding the Site (including the Online Store) or the Services (collectively, "Feedback") provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of your Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

10. Guidelines for reviews

The Site may allow you to submit your reviews (“Reviews”) of the Services (such as products available via the Online Store). Any Reviews you submit through the Site will be treated as non-confidential and non-proprietary. Such Reviews are considered Feedback and are governed by these Terms. Reviews are not endorsed by us and do not necessarily represent our opinions. We do not assume liability for any Review or for any claims, liabilities, or losses resulting from any Review. By submitting a Review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable right to license and reproduce, modify, translate, transmit by any means, display, and/or distribute all content relating to your Reviews. Any use of the Site or Services in violation of the following guidelines for Reviews violates these Terms and may result in, among other things, termination or suspension of your right to use the Site and Services. We have no obligation to monitor your Reviews; however, we may in our sole and absolute discretion, delete any Review that contains: (i) any potentially damaging computer code, process, program, application, or file; (ii) discloses trade secrets; (iii) is unlawful or inappropriate; or (9v) contains information that is unrelated to the Site or Services.

When submitting a Review, you must comply with the following criteria:
a. You will have first-hand experience with the product or other Service being reviewed;
b. Your Reviews must not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; references to illegal or immoral activity;
c. You should not be affiliated with competitors if submitting negative Reviews;
d. You should not make any conclusions as to the legality of conduct; and
e. You may not submit any false statements or organize a campaign encouraging others to submit Reviews, whether positive or negative.

11. Proprietary and intellectual property rights

Unless otherwise indicated, the Site, its content, all source code, databases, functionality, software, designs, audio, video, text, photographs, images, graphics, and other materials on the Site that are associated with the Site or the Services (collectively, “Proprietary Materials”) are owned or controlled by us or other parties that have licensed or otherwise provided their content to us. Proprietary Materials shall be protected in all forms, shapes, mediums, and capacities, whether or not specifically delineated in these Terms. The trademarks, service marks and logos (“Marks”) contained within Proprietary Materials are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. THE SITE AND THE SERVICES ARE INTENDED FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. The Proprietary Materials and Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site or Services and no Proprietary Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and the Services, you are granted a limited license to access and use the Site and the Proprietary Materials. We reserve all rights not expressly granted to you in and to the Site, Services, Proprietary Materials, and Marks.

12. Copyright and infringement notification

We respect the intellectual property rights of others and request that all users of the Site and Services do the same. If you believe that any content available in or through the Site infringes upon any copyright you own or control, you may send our designated copyright agent (“Copyright Agent”) written notification (“Notification”), in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”). Send your Notification by email to info@twincritters.com. Please see DMCA 17 U.S.C. § 512(c)(3) for the requirements for a proper takedown notification. Upon receipt of your Notification, we will remove or disable access to the content identified in your Notification; however, we may ask you to provide further or supplemental information prior to removing any content from the Site. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located in or linked to it via the Site infringes upon your copyright protections, you should consider first contacting an attorney. We also will advise the alleged infringer of the DMCA statutory counter notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this content.

13. Advertisers

We accept advertisers and sponsors to display their advertisements, marketing links, and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you will take full responsibility for any advertisements you place on the Site and any services you provide on the Site or products sold though those advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Site including, but not limited to, intellectual property rights, publicity rights and contractual rights.

14. Third party sites and content

The Site may contain (or you may be sent via the Site) links to other websites (collectively, "Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed via the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms and our policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Sites will be through other websites and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Sites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from Third Party Content or any contact with Third Party Sites.

15. Information privacy

Any personally identifiable information about you (your “Personal Data”) collected in association with the Site or Services is subject to our Privacy Policy and by accepting these Terms you agree to be bound by our Privacy Policy. For example, your submission of Personal Data via the Online Store is governed by our Privacy Policy. Please be advised that the Site and Services are hosted in the United States. We do not knowingly accept, request, or solicit information from children or knowingly market to children under the age of 18. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided Personal Data to us without the requisite and verifiable parental consent, we will delete that data from the Site.

16. Termination

These Terms, as updated from time to time, shall remain in full force and effect while you use the Site or Services. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time or for any reason by discontinuing your use of the Site and Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice, deny access to and use of the Site or Services (including blocking certain IP addresses) to any person for any reason or no reason, including without limitation for breach of a representation or warranty contained in these Terms or of any applicable law or regulation. We may terminate these Terms and/or we may deny you access to the Site and/or Services (or any part thereof) without notice to you, in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.

17. Disclaimers

THE SITE (INCLUDING THE ONLINE STORE), THE SERVICES, AND ALL OTHER CONTENT AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES, AND ALL USE OF THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE CONTENT AND MATERIALS ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS: (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED THROUGH THE SITE OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES. YOU ARE CAUTIONED TO USE THE SITE AND THE SERVICES AT YOUR OWN RISK.

18. Limitations of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE, OUR RECORDS, PROGRAMS OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR ANY PROVISION OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY (EXCEPT AS OTHERWISE EXPRESSLY STATED OUR 30-DAY MONEY BACK GUARANTEE AND OUR LIFETIME GUARANTEE), YOU MAY DISCONTINUE USING THE SITE AND SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED USE OF THE SITE OR SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US, IF YOU USE THE SITE OR SERVICES IN VIOLATION OF THESE TERMS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. Indemnification

You agree to defend, indemnify and hold us harmless and all of our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your Feedback; (b) your use of the Services; (c) breach of these Terms; (d) any breach of your representations and warranties set forth in these Terms; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any user of the Site or Services or other third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

20. Electronic communications

By accessing or visiting the Site, sending emails to us, or otherwise using the Services, you agree that we may collect, use, and disclose certain information about you. We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of the Site or Services, advise you about new products available via our Online Store, and for purposes of informing you of any related Services (any such contact is hereafter referred to as “Messages”). You agree that any Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider.

21. Governing law and jurisdiction

All matters relating to these Terms, the Site (including the Online Store), the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any choice or conflict of law provisions or rules. You agree that any action at law or in equity arising out of or relating to these Terms, the Site, or the Services shall be instituted exclusively in the state of New York, although we retain the right to bring any suit, action, or other proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, the parties you will agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any court proceeding.

22. General provisions

These Terms, including any policies or operating rules posted by us on the Site or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act arising out of or on account of any cause beyond our reasonable control. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed stricken from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic format and the lack of a hand-written signature by each party hereto to execute these Terms.

23. Contact us

If you have any questions, comments, concerns, or wish to report any violations regarding these Terms, please contact us at: info@twincritters.com. We will try to address all issues to the best of our ability.