Terms Of Service

This website is operated by Identity Pet Nutrition, LLC. Throughout the website, “Identity Pet Nutrition,” “Identity,” “we,” “us,” and “our” refer to Identity Pet Nutrition, LLC. We provide this website and the information, products, tools, features, communications, and services available through it (collectively, the “Service”) subject to these Terms of Service (the “Terms”).

These Terms apply to all persons who access or use the Service, including browsers, customers, account holders, subscription customers, vendors, and persons who submit reviews or other content. Our Privacy Policy , Return & Shipping Policy , Advertising, Sales & Discount Policy , and any product-, order-, subscription-, or promotion-specific terms presented to you are incorporated into these Terms by reference.

By clicking a button or checking a box indicating acceptance, creating an account, enrolling in Auto-Ship & Save, placing an order, or accessing or using the Service after receiving reasonable notice of these Terms, you agree to be bound by them. If you do not agree, do not access or use the Service or place an order.

The Service is hosted on an e-commerce platform provided by Shopify Inc. Shopify and other service providers may process information or provide functionality in connection with the Service, subject to their respective terms and privacy practices.

You represent that you are at least the age of majority in your state, province, or other jurisdiction of residence and have legal capacity to enter into these Terms. If you permit a minor dependent to use the Service, you are responsible for that dependent’s use.

You may not use the Service or our products for an illegal or unauthorized purpose or in violation of any applicable law, regulation, or third-party right. You must not introduce viruses, worms, malware, destructive code, or other material intended to interfere with the Service.

We may suspend or terminate access to the Service for an actual or suspected violation of these Terms, fraud, abusive conduct, security risk, or other legitimate business reason, subject to applicable law.

You consent to receive order confirmations, receipts, policy disclosures, subscription acknowledgments and notices, shipping updates, account notices, and other transactional communications electronically at the email address, telephone number, or account interface you provide. Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by applicable law.

You are responsible for maintaining accurate contact information and for monitoring communications associated with your account. Marketing email and text-message communications are governed by the consent and opt-out terms presented when you enroll and, for text messages, by the Mobile Terms below.

We reserve the right to refuse service, reject an order, restrict quantities, suspend an account, or discontinue a customer relationship for a legitimate business reason, including suspected fraud, promotional abuse, resale activity, threats, harassment, chargeback abuse, or repeated policy violations, subject to applicable law.

Information you submit through the Service may be transmitted over various networks and modified as technically necessary to operate the Service. Payment-card information is processed by third-party payment providers and is encrypted during transmission in accordance with their security practices. We do not warrant that every non-payment transmission will be encrypted.

You may not reproduce, duplicate, copy, sell, resell, license, or commercially exploit any portion of the Service or access to the Service except with our prior written permission or as permitted by applicable law.

Section headings are for convenience only and do not affect interpretation.

We attempt to provide accurate and useful information, but website content may contain errors, may become outdated, and is provided for general educational and informational purposes. We do not promise that every description, feeding estimate, availability statement, comparison, article, or other item of content is complete, current, or error-free.

Feeding guidelines, calorie estimates, product recommendations, ingredient information, and other pet-health or nutrition content are general guidance and are not veterinary advice, diagnosis, or treatment. Individual needs vary based on species, breed, age, weight, body condition, activity, health status, environment, medications, and other factors. Consult a licensed veterinarian regarding medical conditions, allergies, intolerances, therapeutic diets, medication interactions, significant dietary changes, or questions about whether a product is appropriate for a particular animal.

You are responsible for monitoring your pet’s condition and adjusting feeding amounts as appropriate. We do not guarantee that a pet will accept, tolerate, prefer, or experience a particular outcome from any product.

Historical, editorial, or third-party information may be provided for reference. Reliance on information available through the Service is at your own risk, except to the extent applicable law provides otherwise.

Products may be available exclusively online, may have limited quantities, and may be offered on a pre-sale, made-to-order, backorder, or temporarily unavailable basis. Product photographs, colors, textures, sizes, and packaging may vary. Displays and device settings may affect how products appear.

Ingredients, formulations, sourcing, packaging, labels, sizes, product names, and availability may change when permitted by law. The product label and packaging accompanying the product control over general website descriptions if there is a discrepancy, except where applicable law provides otherwise.

You must inspect products and packaging promptly after delivery and follow all label, storage, thawing, refrigeration, freezing, handling, and food-safety instructions. Do not feed a product that appears contaminated, spoiled, materially compromised, leaking, swollen, unsealed, or otherwise unsafe. Keep products and packaging away from children and animals where appropriate, and handle dry ice and other cooling materials in accordance with all warnings.

Contact Customer Care promptly if a product or package appears damaged, defective, unsafe, or inconsistent with the order. Claims are governed by the documentation requirements and deadlines in the Return & Shipping Policy .

Prices, shipping charges, discounts, product availability, and other offer terms are subject to change before an order is submitted. Applicable taxes, shipping charges, and other disclosed fees will be added at checkout. A price change does not affect an order already accepted by us, except where correction is permitted under Section 16 or required by law.

By submitting an order, you offer to purchase the identified products under these Terms and authorize us and our payment processors to charge the payment method provided for the order total and any other amount clearly disclosed and authorized. An order acknowledgment or confirmation means that we received the order; it does not necessarily mean that we accepted it.

We may reject or cancel an order before fulfillment because of inventory limitations, an incorrect price or description, payment failure, suspected fraud, promotional misuse, shipping restrictions, resale activity, a legal or regulatory concern, or another legitimate business reason. If we cancel an order and have collected payment for products that will not be fulfilled, we will provide a refund or reversal to the original payment method, unless you agree to another remedy or applicable law permits otherwise.

We may limit or cancel quantities purchased per person, household, account, payment method, billing address, shipping address, device, or order. We may prohibit orders that, in our reasonable judgment, appear to be placed by unauthorized dealers, resellers, distributors, or persons attempting to circumvent product or promotional limits.

ALL SALES ARE FINAL. All purchases made through identitypet.com are governed by our Return & Shipping Policy , which is incorporated into these Terms by reference.

Except where Identity expressly agrees otherwise in writing or applicable law requires otherwise, orders are not eligible for cancellation, return, exchange, or monetary refund. Once submitted, an order may immediately enter an automated fulfillment process and may not be canceled, modified, combined with another order, delayed, or redirected.

Identity may, in its sole discretion, approve a cancellation, replacement, store credit, carrier intercept, reroute, return-to-sender request, reshipment, or other accommodation. A discretionary exception does not waive these Terms or require us to provide the same accommodation in another case. Cancellation fees, administrative charges, shipping expenses, return freight, product-loss costs, and other charges may apply as stated in the Return & Shipping Policy .

Unless applicable law requires a different remedy or Identity expressly agrees otherwise, any approved refund or customer-service credit may be issued as store credit. Purchases from an authorized third-party retailer are governed by that retailer’s return and refund policies and should be directed to the retailer.

Claims involving damaged, defective, lost, stolen, delayed, misdelivered, frozen, refrigerated, perishable, or temperature-sensitive products are subject to the deadlines, photographs, packaging-retention requirements, carrier procedures, and other documentation requirements in the Return & Shipping Policy . Failure to provide reasonably requested documentation may prevent us or the carrier from validating or paying a claim.

Nothing in these Terms excludes or limits a nonwaivable right or remedy under applicable law.

8.1 Recurring Orders and Authorization. When you enroll in Auto-Ship & Save or another recurring-order program (a “Subscription”), you authorize Identity and its payment providers to charge your selected payment method automatically for recurring orders at the frequency and on the schedule you select, until you cancel. The products, quantities, frequency, price or pricing method, discount, shipping charges, taxes, and other material Subscription terms will be disclosed before enrollment or in the enrollment acknowledgment.

8.2 Subscription Acknowledgment and Notices. After enrollment, we will provide an electronic acknowledgment containing or linking to the material Subscription terms and cancellation instructions. We may send courtesy reminders before scheduled charges and will provide any renewal, price-change, or other notices required by applicable law. You are responsible for maintaining an accurate email address and reviewing your account, spam folder, and Subscription notices.

8.3 Managing or Canceling. You may manage, skip, pause, or cancel a Subscription for future orders through the Manage Subscription link on our website or another online method identified in your acknowledgment or account. A cancellation is effective for future orders only and does not cancel an order that has already been processed or charged. To prevent the next order, any change must be completed before the order is processed by our system and by any deadline displayed in your account or reminder.

8.4 Processed Subscription Orders. Once a Subscription order is processed or charged, it becomes a final-sale order subject to Section 7 and the Return & Shipping Policy . Failure to review a reminder, update an address or payment method, skip an order, or cancel before processing does not create a right to cancel, return, or receive a refund, except as required by law.

8.5 Prices, Discounts, and Product Changes. Subscription prices, discounts, shipping charges, taxes, product availability, and program benefits may change prospectively. We will provide notice of a material price or program change when required by law. A promotional or Subscription discount applies only while the customer and product remain eligible and may not be combined with another offer unless expressly stated.

8.6 Inventory and Partial Orders. If a Subscription includes an unavailable item, we may skip or reschedule that item, cancel it, place it on disclosed backorder, or process and ship the available items separately. We will not substitute a materially different product without your consent. In-stock items may be charged and shipped on schedule even when another item is unavailable, if this treatment was disclosed or is reflected in your Subscription settings.

8.7 Failed Payments. If a payment fails, we or our Subscription provider may retry the payment, request an updated payment method, delay the shipment, suspend the Subscription, or cancel the affected order or Subscription. We are not responsible for a delay caused by an invalid, expired, declined, or inaccessible payment method.

8.8 Cancellation Rights. You may cancel a Subscription at any time for future orders without a cancellation penalty. Any retention offer must be optional and must not prevent access to an available cancellation method. Nothing in this section limits cancellation rights provided by applicable law.

Purchases using a discount code, promotional offer, special price, credit, reward, or other discount remain subject to the all-sales-final policy and may be subject to the following terms and our Advertising, Sales & Discount Policy .

9.1 Eligibility. An offer may be restricted to new customers, selected customers, specific products, specified channels, a geographic area, or other stated eligibility criteria. Unless otherwise stated, promotional offers are limited to one use per eligible customer and household.

We may evaluate eligibility using information such as name, email address, account history, billing information, shipping address, payment method, device information, IP address, recipient, or other reasonably relevant identifiers. We may reject, cancel, adjust, or withhold an order or promotion that we reasonably determine violates the offer terms or involves duplication, circumvention, misuse, fraud, or abuse.

9.2 Quantity and Product Limits. We may limit promotional purchases by customer, household, product, order, quantity, number of units or cases, transaction value, or maximum discount amount. Unless otherwise stated, a discounted purchase may be limited to four (4) cases per product. Offers may exclude out-of-stock, pre-sale, made-to-order, subscription, Persona Collection, frozen, or other identified products.

9.3 Discount Codes and Price Adjustments. A required code must be entered at checkout and successfully applied before the order is submitted. Discounts are not retroactive. We do not provide rain checks, post-purchase price adjustments, refunds, cancellations, or credits because a code was omitted or another promotion became available after purchase.

Unless expressly stated otherwise, promotions cannot be combined or stacked with other discounts, offers, Auto-Ship & Save pricing, subscription discounts, rewards, credits, or special pricing. Minimum-purchase requirements and maximum-discount limits may apply.

9.4 New-Customer Offers. A promotion described as available to new customers is limited to persons and households that have not previously purchased from Identity, subject to the stated offer terms. We may cancel or adjust an order if the purchaser, recipient, household, account, address, payment method, device, or other relevant identifier is associated with an existing or previous customer.

9.5 Fifty-Percent Offers. Unless a particular offer expressly states otherwise, an offer of fifty percent (50%) off is limited to one (1) promotional item per eligible new customer and household.

9.6 Modification or Termination. Promotions are subject to availability and may be modified, suspended, extended, shortened, restricted, or terminated before an eligible order is completed, subject to applicable law. Submission of an order does not guarantee acceptance, fulfillment, or promotional eligibility.

9.7 Additional Offer Terms. Offers have no cash value, are nontransferable, and may not be sold, duplicated, exchanged, or redeemed for cash. Specific terms presented in an advertisement, email, product page, landing page, checkout, or other offer communication are part of that offer. To the extent a specific offer term conflicts with this general section, the more specific term controls, subject to applicable law.

Shipping methods, destinations, processing estimates, carrier services, frozen-shipping schedules, dry-ice or coolant practices, delivery responsibilities, claim procedures, and shipping restrictions are stated in the Return & Shipping Policy and at checkout. Processing and transit dates are estimates unless we expressly guarantee a date in writing.

You are responsible for providing a complete and accurate delivery address, monitoring tracking information, ensuring that the delivery location can accept the shipment, promptly retrieving the package, and storing products as directed. Address changes, rerouting, carrier intercepts, return-to-sender requests, and reshipments may be unavailable and may result in additional charges and delays.

Frozen, refrigerated, and other perishable products require prompt receipt and proper storage. Delaying, refusing, rerouting, or failing to retrieve a delivery may compromise product quality and may affect eligibility for a replacement or other accommodation. Identity is not responsible for spoilage, theft, loss, or damage caused by the recipient’s unavailability, an unattended or closed delivery location, an incorrect address, refusal, delayed retrieval, unauthorized rerouting, or failure to follow handling instructions, except as required by law.

To the extent permitted by applicable law and as further described in the Return & Shipping Policy , products are shipped under a shipment contract and title and risk of loss pass when the products are tendered to the carrier. Any optional shipping protection or carrier claim process does not expand our liability beyond the applicable policy or law.

You agree to provide current, complete, and accurate order, account, billing, shipping, and contact information and to update that information promptly. You are responsible for activity through your account and for maintaining the confidentiality of account credentials.

We may use fraud-screening, payment-verification, address-verification, and security measures. If an order is flagged, we may request reasonable identity or billing verification, delay fulfillment, restrict payment methods, or cancel the order. Verification information will be handled in accordance with our Privacy Policy and applicable law.

Before initiating a payment dispute or chargeback, you should contact Customer Care and provide a reasonable opportunity to investigate and resolve the issue. Nothing in these Terms limits a lawful right to dispute a charge. We may suspend or close an account or refuse future transactions when we reasonably determine that a chargeback, claim, or payment dispute was fraudulent, abusive, duplicative, or initiated in bad faith.

We may provide access to tools, applications, payment methods, subscription software, artificial-intelligence features, or other services supplied by third parties. Unless expressly stated otherwise, we do not control or endorse those tools and provide access on an “as is” and “as available” basis.

Your use of a third-party tool may be governed by separate terms and privacy practices. To the fullest extent permitted by law, we are not liable for harm arising solely from a third-party tool that we do not control. New features and tools added to the Service remain subject to these Terms.

The Service may contain links to third-party websites, materials, products, or services. We are not responsible for examining or guaranteeing their content, accuracy, security, availability, or practices. Your dealings with a third party are between you and that third party, and you should review its terms and policies before completing a transaction.

Complaints or claims concerning a third-party product or service should be directed to the applicable third party, except where applicable law provides otherwise.

If you submit a review, photograph, video, testimonial, social-media content, contest entry, or other material with the intention that it be publicly displayed, featured, or considered for marketing (“Public Content”), you grant Identity a nonexclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, edit for length or format, translate, publish, display, distribute, and create derivative works from the Public Content in connection with our business, products, and marketing, subject to applicable law. You retain ownership of your Public Content.

You represent that you own or control the necessary rights to Public Content; that it is truthful and reflects your genuine experience; and that our permitted use will not violate another person’s rights or applicable law. You must disclose any material connection, payment, free product, discount, or incentive associated with a review or endorsement when disclosure is required.

Private customer-service communications, medical or dietary information, order documentation, and photographs submitted solely to evaluate a claim are not treated as Public Content merely because you provided them to us. We may use and disclose those materials as reasonably necessary to provide support, investigate a claim, prevent fraud, comply with law, or protect legal rights, in accordance with our Privacy Policy .

We may monitor, moderate, refuse, or remove user content that we reasonably believe is unlawful, fraudulent, threatening, defamatory, obscene, infringing, misleading, unrelated, or otherwise violates these Terms. We are not obligated to publish or respond to any submission.

Our collection, use, disclosure, retention, and protection of personal information are governed by our Privacy Policy , which is incorporated into these Terms by reference. By using the Service, you acknowledge the practices described in that policy.

The Service may contain typographical errors, inaccurate descriptions, incorrect prices, promotion errors, shipping-charge errors, transit estimates, or availability mistakes. We may correct an error, update information, reject or cancel an affected order, or provide an appropriate alternative at any time, including after an order is submitted, subject to applicable law.

If we cancel an order because of our pricing or description error, we will refund any amount collected for the unfulfilled portion. We have no general obligation to update historical or editorial information, but nothing in this section limits a duty imposed by law.

You may not use the Service or its content to: (a) violate law; (b) solicit unlawful activity; (c) infringe intellectual-property, privacy, publicity, or other rights; (d) harass, threaten, abuse, defame, discriminate against, or harm another person; (e) submit false, fraudulent, or misleading information; (f) distribute malware or harmful code; (g) collect or track personal information without authorization; (h) spam, phish, pharm, pretext, scrape, crawl, or use automated means in a manner that imposes an unreasonable burden or circumvents access controls; (i) interfere with security or operation of the Service; (j) impersonate another person; (k) engage in unauthorized resale or promotional abuse; or (l) use the Service for another prohibited or abusive purpose.

We may investigate and take appropriate action in response to suspected prohibited use, including restricting access, canceling orders, preserving evidence, and cooperating with lawful requests.

The Service and its content, including trademarks, logos, trade dress, product and collection names, text, graphics, photographs, videos, artwork, packaging designs, website design, software, and compilations, are owned by or licensed to Identity and are protected by intellectual-property laws. No right, title, or interest is transferred to you except the limited right to use the Service for personal, lawful, noncommercial purposes under these Terms.

You may not use Identity’s trademarks, branding, copyrighted content, or other proprietary material without prior written permission, except as permitted by law. All rights not expressly granted are reserved.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE OR THAT INFORMATION OBTAINED THROUGH IT WILL ALWAYS BE ACCURATE OR RELIABLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR AN EXPRESS WRITTEN WARRANTY PROVIDED BY IDENTITY, WE DISCLAIM IMPLIED WARRANTIES RELATING TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PRODUCTS ARE SUBJECT TO THE EXPRESS STATEMENTS ON THEIR LABELS AND PACKAGING AND TO RIGHTS THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS DISCLAIMS A WARRANTY OR PRODUCT-SAFETY OBLIGATION THAT CANNOT LAWFULLY BE DISCLAIMED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IDENTITY PET NUTRITION, LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR A PRODUCT, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR A CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR A PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO IDENTITY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE WHERE IT CANNOT BE LIMITED, OR PERSONAL INJURY OR DEATH TO THE EXTENT A LIMITATION IS PROHIBITED.

Some jurisdictions do not allow certain warranty disclaimers or limitations of damages. In those jurisdictions, the disclaimers and limitations apply only to the maximum extent permitted by law.

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Identity Pet Nutrition, LLC and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from third-party claims, liabilities, damages, judgments, and reasonable attorneys’ fees arising from your unlawful or intentional misuse of the Service, your Public Content, your infringement of another person’s rights, or your material breach of these Terms. This section does not require indemnification for our own negligence, misconduct, or violation of law.

We are not responsible for delay or failure caused by events beyond our reasonable control, including severe weather, natural disaster, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disruption, transportation interruption, carrier failure, dry-ice or coolant shortage, utility or internet outage, cyberattack, government action, embargo, supply shortage, manufacturing interruption, or failure of a third-party service provider. We may delay, reroute, cancel, or partially fulfill affected orders and will provide any refund required by applicable law for products we do not fulfill.

If a provision of these Terms is determined to be unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted and severed only to the extent necessary. The remaining provisions remain in effect, subject to the specific severability provisions in Section 27.

These Terms remain effective until terminated. You may stop using the Service at any time and may cancel a Subscription for future orders as provided in Section 8.

We may suspend or terminate your access, account, or customer relationship if you violate or are reasonably suspected of violating these Terms, fail to pay amounts due, create a security or fraud risk, abuse our personnel or policies, or engage in unlawful conduct. Termination does not affect rights, obligations, charges, or liabilities that accrued before termination.

Provisions that by their nature should survive termination—including payment obligations, intellectual-property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law—will survive.

These Terms and the policies and offer terms incorporated by reference constitute the entire agreement between you and Identity concerning the Service and supersede prior or contemporaneous communications on the same subject, except for an express written agreement signed by an authorized representative of Identity.

If these Terms conflict with a product-, order-, Subscription-, or promotion-specific term presented at or before purchase, the more specific term controls for that transaction. The Return & Shipping Policy controls on shipping, delivery, claims, cancellations, returns, exchanges, and refunds. Section 27 controls on dispute resolution. Applicable law controls over any inconsistent provision.

Our failure to exercise or enforce a right is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

These Terms and any separate agreement through which we provide the Service are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 27. This choice of law does not deprive a consumer of a protection that cannot lawfully be waived under the law of the consumer’s residence.

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, IT REQUIRES YOU AND IDENTITY TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO WAIVES CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE ACTIONS AND THE RIGHT TO A JURY TRIAL. YOU MAY OPT OUT UNDER SECTION 27.5.

27.1 Federal Arbitration Act and Scope. The Federal Arbitration Act governs this arbitration agreement. Except for disputes excluded below, “Dispute” means any past, present, or future claim or controversy between you and Identity arising out of or relating to the Service, these Terms, an order, product, Subscription, promotion, communication, payment, refund, return, shipping event, privacy or data-security issue, or the relationship between you and Identity, whether based in contract, tort, statute, regulation, fraud, misrepresentation, or another legal theory.

27.2 Informal Resolution Before Filing. Before filing arbitration or a lawsuit, the claimant must send an individualized Notice of Dispute describing the claimant’s name and contact information, the relevant order or account, the factual basis of the Dispute, the legal claims if known, and the specific relief requested. Notices to Identity must be sent to Identity Pet Nutrition, LLC, Attn: Legal, PO Box 370720, Denver, CO 80237, and may also be emailed to customercare@identitypet.com with the subject “Notice of Dispute.” Identity will send a notice to the most recent address or email associated with your account. The parties will attempt in good faith to resolve the Dispute for sixty (60) days after receipt. Any applicable limitations period will be tolled during that period. This individualized process is a condition precedent to arbitration or litigation, except where emergency injunctive relief is necessary.

27.3 Arbitration and Small Claims. A Dispute not resolved informally will be resolved by final, binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and, when applicable, its Mass Arbitration Supplementary Rules. The rules are available from AAA at adr.org . If AAA is unavailable or declines to administer the arbitration and the parties cannot agree on a substitute, a court of competent jurisdiction will appoint an administrator consistent with this section.

Either party may bring an individual action in a small claims court of competent jurisdiction if the action remains within that court’s jurisdiction and proceeds only individually. Either party may seek temporary or preliminary injunctive relief in court when necessary to preserve the status quo or prevent imminent, irreparable harm pending arbitration. Identity may seek injunctive relief in court for actual or threatened infringement, misappropriation, or violation of its intellectual-property rights.

The arbitration will be conducted by one neutral arbitrator. For a consumer claim of $25,000 or less, the arbitration will ordinarily be conducted by documents, telephone, or video conference unless the arbitrator determines that an in-person hearing is necessary. Any in-person consumer hearing will occur in the county of your residence or another mutually agreed location. The arbitrator may award the same individualized remedies a court could award, subject to these Terms and applicable law, and judgment on the award may be entered in a court of competent jurisdiction.

Your arbitration fees will not exceed the amount assigned to a consumer under the applicable AAA rules. Identity will pay other required AAA and arbitrator fees for a good-faith consumer claim, except to the extent the arbitrator determines that a claim or requested relief was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11.

27.4 Class-Action and Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND IDENTITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND IDENTITY WAIVE THE RIGHT TO A JURY TRIAL.

The enforceability of the class- and representative-action waiver will be decided by a court, not an arbitrator. Nothing in this section waives a nonwaivable right to seek public injunctive relief. If applicable law prevents arbitration of a particular request for public injunctive relief, that request will be severed and may proceed in court after the arbitrator resolves all arbitrable claims.

27.5 Right to Opt Out. You may opt out of Sections 27.3 and 27.4 by sending a written notice within thirty (30) days after you first affirmatively accept these Terms. The notice must include your full name, mailing address, email address used for your account or order, and a clear statement that you opt out of arbitration. Send it to the postal or email address in Section 27.2 with the subject “Arbitration Opt-Out.” An opt-out applies only to the individual who timely submitted it, has no effect on the other Terms, and will not result in adverse treatment.

27.6 Coordinated or Mass Filings. If twenty-five (25) or more similar individual arbitration demands are submitted against the same party by or with the assistance of coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules and applicable fee schedule will apply. The parties will cooperate in good faith with the process arbitrator, administrative conferences, mediation, batching, or other procedures authorized by those rules. This subsection does not authorize class arbitration.

27.7 Authority, Severability, Survival, and Changes. Except for the matters expressly assigned to a court in this section, the arbitrator will decide disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement. If part of this section is unenforceable, it will be severed and the remainder enforced, except that if the class-action waiver is finally held unenforceable as to a particular claim, that claim will proceed in court and not in class arbitration.

This section survives payment, fulfillment, refund, cancellation, account closure, and termination of these Terms. A material change to this section applies prospectively only, will not affect a Dispute for which notice was previously provided, and will provide a renewed thirty-day opt-out opportunity where required.

We may modify, suspend, or discontinue all or part of the Service, a product, feature, or content, subject to applicable law. We are not liable for a modification, price change, suspension, or discontinuance except for obligations relating to orders already accepted and rights that cannot be waived.

We may update these Terms prospectively by posting a revised version and updating the “Last Updated” date. We will provide reasonable notice of a material change when required by law or when the change materially affects an active Subscription or other ongoing relationship. A change will not retroactively alter an order already accepted or a Dispute for which notice was provided before the change.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance when legally permitted and when reasonable notice has been provided. If you do not agree to revised Terms, you must stop using the Service and cancel any Subscription for future orders.

Questions about these Terms may be sent to:

Last Updated: July 20, 2026

The Identity Pet Nutrition mobile messaging program (the “Mobile Service”) is operated by Identity Pet Nutrition, LLC (“Identity,” “we,” “us,” or “our”). These Mobile Terms supplement the Terms of Service above. In the event of a conflict concerning the Mobile Service, these Mobile Terms control, except that Section 27 of the Terms of Service governs dispute resolution.

By affirmatively consenting to the Mobile Service, you agree to receive recurring automated or non-automated SMS or MMS messages from or on behalf of Identity at the mobile number you provided. Messages may be sent using an automatic telephone dialing system or other technology where permitted. Service-related messages may include authentication, security, account, delivery, order-status, and customer-service notices. Marketing messages may include cart reminders, product launches, promotions, discounts, giveaways, and other offers.

Consent to receive marketing text messages is not a condition of purchasing any property, goods, or services. Participation is voluntary. Message frequency varies. Identity does not charge for the Mobile Service, but message and data rates or other carrier charges may apply.

You may revoke consent and opt out at any time by replying STOP to +1 888-576-5586 or by using an available unsubscribe link. After a valid opt-out request, you may receive one confirmation message. You may continue to receive nonmarketing messages that are necessary to complete a transaction you requested or that are otherwise permitted by law. If you enroll in multiple distinct messaging programs, you may need to opt out of each program separately where permitted by law.

For help, reply HELP to +1 888-576-5586 or email customercare@identitypet.com . We may change the number or short code used for the Mobile Service and will provide notice where required. A message sent to an obsolete number may not be received.

You represent that you are the subscriber or customary user of the number provided and will notify us or opt out before relinquishing or transferring the number. Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and is not guaranteed.

To the fullest extent permitted by law, Identity is not liable for a failed, delayed, or misdirected message, an error in message content, or action taken in reliance on a message. Our collection and use of personal information in connection with the Mobile Service are governed by our Privacy Policy .