Terms of Service

You may use the Site only if you can form a binding contract with Pretty Kitty and only in compliance with these Terms and all applicable laws, rules, and regulations. In order to access certain features of the Site or make purchases, you may be required to create an account. You agree to provide complete, current, and accurate information and to keep that information updated. We will handle your information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree not to share your account credentials with any other person. You agree to notify us promptly if you become aware of any unauthorized access to or use of your account. You are responsible for obtaining and maintaining any equipment, internet service, mobile service, or other services needed to access the Site, and for paying all related charges.

Orders, Pricing and Payments

We strive to provide accurate pricing and product information, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an order has been submitted.

All prices are subject to change without notice. Products may be out of stock or discontinued at any time. We reserve the right to limit quantities, refuse any order, or cancel any order in our sole discretion. If we change or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time of purchase.

Unless otherwise agreed by Pretty Kitty, payment must be received before an order is accepted. We may process payment for and ship portions of an order separately.

You represent and warrant that all payment information you provide is accurate and that you are authorized to use the payment method provided.

Purchases are for your personal use only and not for resale unless expressly authorized by Pretty Kitty in writing.

Third-Party Payment Processors

We use third-party payment processors, including Stripe, to process payments made through the Site. By submitting your payment information, you authorize us and our payment processors to charge the applicable payment method for your order, including applicable taxes, shipping, and handling charges.

Your use of third-party payment services may be subject to additional terms and privacy policies of those providers. We are not responsible for errors by payment processors, banks, card networks, or other third parties involved in processing your payment.

Financed Purchases

If you finance the purchase of Products (as available), you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. We may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these Terms.

You agree to pay any shipping and handling charges shown at the time you make a purchase. Shipping and delivery estimates are only estimates and are not guaranteed. We are not responsible for delays caused by carriers, weather, supply chain issues, or events outside our reasonable control.

Please refer to our Shipping Policy or Shipping & Returns page for more information.

We will collect applicable sales tax where we determine we are required to do so by law. The amount of tax displayed at checkout is an estimate and may be adjusted based on the applicable tax rate, location, and order details. Unless you provide a valid tax exemption certificate applicable to your purchase and ship-to location, you are responsible for all sales, use, and similar taxes associated with your order.

Please refer to our Return Policy or Shipping & Returns page for information regarding returns, exchanges, eligibility, timelines, and applicable conditions.

Products should be used in accordance with any instructions, warnings, or care guidelines provided with the Product or on the Site. You are responsible for reviewing product descriptions, sizing information, materials, and care instructions before purchase and use.

If you have sensitivities or allergies to certain fabrics, materials, dyes, or other product components, you should review product details carefully before use.

Products are for personal use only unless otherwise expressly authorized by Pretty Kitty in writing. We reserve the right, with or without notice, to cancel or reduce the quantity of any order that, in our sole discretion, may result in a violation of these Terms.

You may not violate or attempt to violate the security of the Site, including by:

• Accessing data not intended for you;
• Attempting to probe, scan, or test the vulnerability of the Site or any related system or network without authorization;
• Interfering with the operation of the Site or any user’s access to the Site, including by transmitting malware, overloading, flooding, spamming, or crashing the Site;
• Forging headers or otherwise manipulating identifiers in communications sent through the Site.

Violations of system or network security may result in civil or criminal liability. We may investigate suspected violations and cooperate with law enforcement where appropriate.

You may use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site:

• In violation of any applicable law or regulation;
• To infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any person or entity;
• To transmit false, misleading, fraudulent, defamatory, obscene, harassing, hateful, or otherwise objectionable material;
• To upload or transmit viruses, malware, or other harmful code;
• To scrape, crawl, spider, copy, mirror, or otherwise extract data or content from the Site without our prior written consent;
• To interfere with the Site’s security, functionality, or operation;
• To use the Site for unauthorized commercial purposes, including resale, distribution, or exploitation of Site content;
• To attempt to gain unauthorized access to any account, system, or network connected to the Site.

We reserve the right to suspend or terminate your access to the Site at any time if we believe you have violated these Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as specifically permitted by us in writing.

As between you and Pretty Kitty, Pretty Kitty and its licensors own all right, title, and interest in and to the Site and all content, materials, text, images, graphics, logos, designs, product names, trademarks, service marks, trade dress, software, and other intellectual property made available through the Site, excluding User Content as defined below.

Nothing in these Terms grants you any right, title, or license in or to the Site or any content or materials on the Site, except for the limited right to access and use the Site for your personal, lawful, noncommercial use in accordance with these Terms. You may not use, reproduce, modify, distribute, display, publish, create derivative works from, sell, or otherwise exploit any portion of the Site or its contents without our prior written consent.

We may allow you to submit, post, tag, upload, or otherwise provide reviews, comments, photos, videos, messages, feedback, suggestions, or other content to us or through the Site, including through social media interactions that clearly direct content to us (“User Content”).

You retain ownership of any intellectual property rights you may have in your User Content. By submitting User Content to us, however, you grant Pretty Kitty a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, display, publish, distribute, reformat, edit, adapt, create derivative works from, and otherwise use your User Content, along with your name, username, social media handle, profile image, likeness, and other information associated with the User Content, for Pretty Kitty’s marketing, advertising, promotional, e-commerce, editorial, social media, and business purposes, in any media now known or later developed, without further notice to or compensation to you.

You represent and warrant that:

• You own or control all rights in and to the User Content or otherwise have the right to grant the license above;
• The User Content does not violate any law or the rights of any third party;
• The User Content is not false, misleading, defamatory, obscene, threatening, harassing, or otherwise unlawful;
• If any person appears in the User Content, you have obtained any necessary permissions from that person.

We are not obligated to use, post, display, or maintain any User Content and may remove or refuse to post User Content at any time in our sole discretion.

Any suggestions, ideas, feedback, or concepts you provide to us regarding the Site, Products, or our business may be used by us without restriction or compensation to you.

If you believe that any content on the Site infringes your copyright, please send our designated copyright contact a written notice including:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it;
• Your contact information;
• A statement that you have a good-faith belief that the use is not authorized;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Notices and counter-notices should be sent to:

Pretty Kitty, Inc. hello@prettykittyklub.com Attn: DMCA Notice

We may remove content alleged to be infringing and may terminate repeat infringers in appropriate circumstances.

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you acknowledge that you have reviewed our Privacy Policy.

The Site may contain links to third-party websites, applications, products, or services. We do not control and are not responsible for any third-party websites, content, products, services, privacy policies, or practices. Your use of third-party sites or services is at your own risk.

If you provide your phone number to us, you agree that we may contact you at that number regarding your orders, account, customer service requests, or other transactional matters, including by text message where permitted by law.

If you separately opt in to receive promotional text messages, you agree that we may send marketing text messages to the number you provided. Consent to receive promotional text messages is not a condition of purchase. Message and data rates may apply. Message frequency may vary.

You may opt out at any time by following the instructions in the message or contacting us at hello@prettykittyklub.com.

If you change your phone number, you agree to promptly update your account information.

Under California Civil Code Section 1789.3, California users are entitled to the following notice: If you have a question or complaint regarding the Site, please contact us at hello@prettykittyklub.com.

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (800) 952-5210.

We publish information on the Site as a convenience to visitors. While we try to provide accurate and current information, there may be technical, factual, or typographical errors, inaccuracies, or omissions. We reserve the right to make corrections and changes to the Site at any time without notice.

THE SITE, THE PRODUCTS, AND ALL CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW. PRETTY KITTY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, PRETTY KITTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR PURCHASE OR USE OF PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PRETTY KITTY AND ITS RELATED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR PRODUCTS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT GIVING RISE TO THE CLAIM; OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Pretty Kitty, its officers, directors, employees, affiliates, agents, contractors, service providers, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) your use of the Site; (ii) your violation of these Terms; (iii) your User Content; or (iv) your violation of any law or the rights of any third party.

THESE TERMS AND ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE PRODUCTS, OR ANY PURCHASE MADE THROUGH THE SITE WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

To the fullest extent permitted by applicable law, you and Pretty Kitty agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Products, any purchase made through the Site, or the relationship between you and Pretty Kitty will be resolved exclusively by final and binding arbitration, rather than in court, except as otherwise expressly provided below. This arbitration provision is governed by the Federal Arbitration Act.

Before initiating arbitration, the party seeking relief must first send the other party a written notice of the dispute describing the nature of the claim and the relief sought. If you are providing notice to us, you must send it to hello@prettykittyklub.com. The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days before arbitration is initiated.

The arbitration will be administered by JAMS under its applicable rules then in effect, unless the parties agree otherwise. If JAMS is unavailable, the parties will select another nationally recognized arbitration provider. The arbitration will be conducted on an individual basis only and not as a class, collective, coordinated, consolidated, or representative action.

YOU AND PRETTY KITTY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

If for any reason a dispute is permitted to proceed in court rather than arbitration, you and Pretty Kitty agree that the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

Either party may bring an individual action in small claims court if the matter qualifies. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction located in Los Angeles County, California to protect intellectual property or confidential information pending completion of arbitration.

These Terms constitute the entire agreement between you and Pretty Kitty regarding your use of the Site and purchase or use of Products through the Site, and they supersede any prior or contemporaneous agreements or understandings relating to the same subject matter.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in our discretion. Nothing in these Terms creates any joint venture, partnership, employment, or agency relationship between you and Pretty Kitty.

Sections that by their nature should survive termination will survive termination, including ownership, disclaimers, limitations of liability, indemnity, dispute resolution, and general provisions.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us at:

Pretty Kitty, Inc. hello@prettykittyklub.com