Privacy Policy

Effective: March 28, 2022

These Terms of Use (“Terms”) and our Privacy Policy (collectively, the “Agreement”) apply to your (“Participant” or “you”) use of naturegnaws.com and associated sites, services, and applications (“Platform”). The Platform is owned and provided by Torito Brands, LLC and is provided for your personal entertainment, information, and education.

Please review these Terms carefully, as they affect your legal rights. Your use of the Platform constitutes your agreement and acceptance of the Agreement.

THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.

If you do not agree to this Agreement, please do not use the Platform or any services offered through the Platform. We reserve the right to change this Agreement at any time without notice.

Please check back often to ensure you are aware of any updates or changes to these Terms.

1. YOUR ACCOUNT

You may be required to register for an account to access certain Platform services or content (“Account”). Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You also are responsible for keeping your account information, including your email address, up to date. You agree to accept responsibility for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate or suspend your account for any reason.

2. ELIGIBILITY

The Platform is not directed to children under 13 and we will not request any information from children under 13 on the Platform. In addition to all other requirements set forth in this Agreement, you must be 13 years or older to register for the website. Please review our Privacy Policy for more information on our privacy practices.

3. PET MEDICAL, HEALTH, FITNESS AND NUTRITION INFORMATION ON THE PLATFORM

The Platform may include information relating to pet nutrition and various pet medical, health and fitness conditions. This is for informational purposes only and is not meant to be a substitute for the advice provided by your veterinarian. You should not use this information for diagnosing or treating a pet’s health, fitness problem, or disease. You should always consult with your own veterinarian for advice and guidance regarding a pet’s nutrition, health, fitness and medical needs.

4. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

All names, logos, service marks, and trademarks appearing on the Platform, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Platform Content"), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Torito Brands, LLC and its affiliates. This includes the entire Platform Content on the Platform, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on the Platform, except as provided in these Terms or on the Platform Content, is strictly prohibited. You may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.

Your use of the Platform is limited to personal and non-commercial use only, unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Platform Content for public or commercial purposes without our written permission for such use. You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on the Platform’s servers, violate the security of the Platform, or engage in any other conduct that exposes us or any of our Participants to any liability or potential harm.

Torito Brands, LLC respects the intellectual property of others, and we ask our Participants to do the same. Torito Brands, LLC has no responsibility for content on other websites that you may find or access when using Torito Brands, LLC,  products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not this Platform’s Terms, govern your use of that material.

It is Torito Brands, LLC policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of Participants who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Torito Brands, LLC and/or others.

5. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Torito Brands, LLC with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Torito Brands, LLC Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail
Jimenez Hart Mazzitelli Mordes
9350 S. Dixie Hwy

PH 5

Miami, FL 33156

By email
info@jhmllp.com

By fax
(763) 764-2268

6. COMMUNICATIONS

We may communicate with you electronically, including by posting notices on the Platform or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you provide a mobile phone number, you consent to receive automated text messages about the Platform. Message and data rates may apply and message frequency may vary. Consent not a condition of purchase. 

7. THIRD PARTY SERVICES AND LINKS

The Platform may have links to or integrate with third-party websites or services (“Third-Party Services”). Use of a Third-Party Service is subject to the third party’s terms, conditions, and privacy policies, which may differ from ours, and the integration may enable the collection of data or information by the third party subject to its privacy policy. We do not make any representations about, and are not responsible for, products, services, or material of Third-Party Services, even if a particular third party is affiliated with us.

The Platform may also contain links allowing taking you to websites for other entities that are not under our control. We are not endorsing any such linked sites. We are not responsible for the contents or transmission of any linked site or any link contained in a linked site or for ensuring that the linked sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

8. DISCLAIMER

Without limiting the foregoing, everything on the Platform is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVERS MAKING THE SITE(S) AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this Platform or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in this Platform in terms of their correctness, accuracy, reliability, or otherwise.

9. LIMITATIONS OF LIABILITY

No responsibility or liability is assumed by Torito Brands, LLC, and its parent, affiliates, subsidiaries, franchisees, advertising and promotion agencies, suppliers, and all of their respective officers, directors, employees, consultants and agents, for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Platform or any feature thereof: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any email or telephone transmissions to be sent to or received; lost, late, delayed, garbled, damaged, misdirected, undelivered or intercepted email; inaccessibility of the Platform or phone system in whole or in part for any reason; traffic congestion on the Internet or Platform or phone lines; unauthorized human or non-human intervention of the operation of the Program, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Platform or data thereof, including, without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of any account or profile used in connection with the Program. Torito Brands, LLC are not responsible for any personal injury or property damage or losses of any kind which may be sustained to a Participant’s or any other person's computer equipment resulting from participation in the Platform, or use of or download of any information from the Platform.

Your use of the Platform is at your own risk. Torito Brands, LLC will not be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Platform and however caused, whether in contract or tort. If you become dissatisfied in any way with this Platform or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Platform and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Torito Brands, LLC shall not exceed one hundred dollars ($100).)

10. INDEMNITY

You agree that you will be personally responsible for your use of the Platform, and you agree to defend, indemnify and hold harmless the Torito Brands, LLC from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Platform; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim

11. ARBITRATION

Any dispute between you and Torito Brands, LLCarising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Torito Brands, LLC will provide such notice by email to your e-mail address on file with us and you must provide such notice by email to info@jhmllp.com

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or the Torito Brands, LLC and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and the Torito Brands, LLC, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Torito Brands, LLC and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither you nor Torito Brands, LLC are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).

12. UNITED STATES ONLY

Unless otherwise specified, the materials on the Platform are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials on the Platform are appropriate or available for use in other locations. If you access the Platform from locations other than the United States, you are responsible for compliance with any applicable local laws.

13. CHOICE OF LAW AND ENFORCEMENT

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms (including our Privacy Policy) shall be governed by, and construed in accordance with, the substantive laws of the State of Florida without regard to conflicts of laws principles. The state or federal courts located in Broward County, Florida will have exclusive jurisdiction over all actions relating to the Platform or these Terms.”

14. SEVERABILITY

If any provision of this Agreement is held unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, and all other provisions shall remain effective as originally written.

15. MISCELLANEOUS

These Terms, together with the Privacy Policy, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Torito Brands, LLC regarding your use of and access to the Platform, and except as expressly permitted herein may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer these Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

16. CHANGES

We have the right to modify or terminate the Platform or feature of the Platform or these Terms at any time, without any notice or obligation to you. Your continued participation in the Program, including your use of your Account or the Platform indicates your acceptance of these Terms. It is your responsibility to check these Terms to see if they have changed (and when we have done so, we will adjust the effective date).

In the event of any conflict between any details contained in these Terms and any Additional Terms, the details of those terms shall prevail.

 

Privacy Policy

Effective March 28, 2022

Our Commitment to Privacy

We respect your right to privacy. This statement explains our policy regarding the collection, use, disclosure and protection of personal information. In this statement, “We” refers to Torito Brands, LL, our service providers, and third parties we work with to collect and analyze data.

The data we collect

We collect data about our users through various means, including:

• You can provide personal information directly to us through web forms, surveys, or other means. This includes, but is not limited to, name, address, phone number and email address.
• You can share information with us from social media platforms. This information is provided to us through third-party services, like Facebook, based on your sharing preferences.
• We collect information about the way you use our website and interact with our content.
• We collect information about our users provided to us by tracking tools like browser cookies. This information includes demographic, interest, geographic, browsing and device data.

How we use the data we collect

Personal Information — We use personal information to contact you directly based on your inquiry or request. We may use your personal information to send you email newsletters or promotions. You have the option to opt out of email marketing by clicking on the unsubscribe link in the footer of our emails. Personal information may be shared with service providers as needed to fulfill your request, respond to your inquiry or contact you about our products. Your personal information will never be sold to a third party.

Social Media Data — We use data collected from social media platforms to better understand the people who are using our website. We also use this data to serve relevant ads to our users and to people similar to our users. The social media data we collect is anonymized. We do not connect personal information to the data we collect from social media platforms.

Demographic, Geographic and Device Data — We use demographic, geographic and device data to better understand the people who are using our website. This may influence the types of content we create or the types of products we offer. The demographic, geographic and device data we collect is anonymized and aggregated.

Affinity and Interest Data — We use affinity and interest data to serve ads to people we believe may benefit from our products. Affinity and interest data is anonymized. We do not connect personal information to the affinity and interest data we use.

Browsing and Interaction Data — We use cookie tracking to better understand the type of content our users browse around the web and how our users interact with our content. We use this data to improve our content and to target users with ads. Browsing and interaction data is anonymized. We do not connect browsing and interaction data to personal information.

Mobile Terms of Service

Last updated: Sept. 25, 2023

The Torito Brands mobile message service (the "Service") is operated by Torito Brands (“Torito Brands”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Torito Brands’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Torito Brands through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Torito Brands. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18778904840 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Torito Brands mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18778904840 or email info@naturegnaws.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

How we collect data

We use tracking cookies and pixels to collect data. Cookies are small files that are stored in your browser. Pixels are small files that deliver data to third parties when loaded. Cookies and pixels allow us to collect data about the way users interact with content. They also allow us to serve remarketing and interest-based ads to users across the web. Specifically, we use the following cookies and pixels on our website for the following purposes:

Google Analytics
Website Analytics
Remarketing with Google Analytics
Google Analytics Demographics and Interest Reporting

Google Ads
Conversion Tracking
Remarketing

Microsoft Ads
Conversion Tracking
Remarketing

Facebook Pixel
Website Analytics
Conversion Tracking
Remarketing

Instagram Pixel
Website Analytics
Conversion Tracking
Remarketing

Twitter Pixel
Website Analytics
Conversion Tracking
Remarketing

Pinterest Pixel
Website Analytics
Conversion Tracking
Remarketing

Reddit Pixel
Website Analytics
Conversion Tracking
Remarketing

Amazon Pixel
Remarketing

StackAdapt Pixel
Conversion Tracking
Remarketing

Lucky Orange
Website Analytics

VWO
Website Analytics

Optin Monster
Website Analytics
Conversion Tracking

Loop11
Website Analytics
Conversion Tracking

How you control your data

You have the right to opt out of cookies. Some cookies improve the user experience of websites by remembering what pages you have already visited or data you entered into a form. Other cookies are used to serve targeted advertisements to you based on your past website behavior and expressed or implied interests. Many websites employ these common tracking technologies.

How to contact us

If you have questions or concerns about our privacy policy or your data, you can contact us on our contact page. 

Changes to this statement

We reserve the right to make changes to this privacy policy at any time. When changes are made, the date at the top of the page will also be changed.

 

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@naturegnaws.com.