USER AGREEMENT / TERMS AND CONDITIONS OF USE
Last updated August, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS, OR ANY, WEBSITE OPERATED BY DOG IS GOOD, LLC (“DOG IS GOOD”). BY USING THIS WEBSITE, YOU ARE EXPRESSLY ACKNOWLEDGING YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE BE SURE YOU UNDERSTAND THIS INFORMATION BECAUSE THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT USE THIS SITE. THANK YOU.
Dog Is Good reserves the right to modify these Terms and Conditions at any time so please be sure to read them each time you use the website. By using this, or any other, Dog Is Good website, you agree to be bound by all the Terms and Conditions of Use contained herein.
RIGHTS AND RESTRICTIONS ON USE OF THIS WEBSITE
Dog Is Good grants you a personal, limited, non-exclusive, revocable license to access and use this website, and content herein, for your noncommercial, individual use. If you download anything from this website for your personal use, you agree to keep the appropriate copyright, trademark or patent notices attached. You acknowledge that this website, and its content, are only intended for your personal entertainment.
COPYRIGHTS, TRADEMARKS, PATENTS AND TRADE SECRETS (INTELLECTUAL PROPERTY)
Dog is Good either owns the rights to all logos, trademarks, copyrights, text, graphics, trade secrets, patents, etc. found on this website, or has permission to use aforementioned intellectual property. Except as indicated hereunder in this Agreement, you may not use these for any reason whatsoever without the express written permission from Dog Is Good. You acknowledge that using another’s intellectual property, including but not limited to, reproducing, uploading, posting or distributing such property is against the law and may violate Dog Is Good’s, or a valid third party owner’s, rights. You also understand that unauthorized use of such content may lead to personal, and possibly criminal, liability. Therefore, by accessing and using this website, you agree to the rights and restrictions of use as set forth under this Agreement. You may create a link to this website without Dog Is Good’s prior consent, however you may only do so provided you agree to cease such a link immediately upon request from Dog is Good.
Dog is Good, LLC owns or licenses numerous trademarks awarded by the United States Patent and Trademark Office and copyrights granted by the United States Copyright Office. Dog is Good, LLC also owns additional international trademarks. Dog is Good, LLC further owns unregistered copyrights and trademarks. Collectively, the above shall be referred to as Dog is Good’s “Intellectual Property.” Dog is Good, LLC has a right and a duty to protect its Intellectual Property and shall enforce its rights when necessary. Please contact us with any questions.
LINKS TO OTHER WEBSITES
Our website may include some links to third party websites, not related to Dog Is Good, for your convenience. Dog Is Good is not responsible for, nor does it endorse or have any control over, the content found on any such third party website. We cannot make any representations whatsoever about the content or warranties or security of the other websites, and recommend you carefully read their Terms and Conditions and Privacy Policies before use. We do not verify information on other linked sites and assume no liability or responsibility whatsoever for use of any other websites, so it is important for you to research them yourself. We have no control over, and will not be liable for, the information and/or experience you encounter once you leave our website.
From time to time, there may be opportunities for you to submit information, pictures and other images online. When you participate in these enhanced features and offerings on our website, and you submit any of your creations to us, you are expressly agreeing that Dog Is Good shall become the sole owner of your submission, and you irrevocably and automatically transfer and assign all rights, ownership, title and interest in the submission to Dog Is Good, including all interest in any copyrights or other intellectual property in the submission, without any compensation whatsoever to you. To Parents And Legal Guardians: If your child is under the age of 18, it is your responsibility to explain these restrictions and requirements to them because these restrictions will apply to anyone using the enhanced features of our website. The assign and transfer of such rights will arise and occur through you, as the parent or legal guardian. Dog Is Good shall thereafter be able to use the submission in any way, throughout the world, that an owner is allowed to use its own property. You will not be able to claim ownership of the submission in any manner, nor shall you be able to attempt to exercise any rights, privileges or protections afforded to an intellectual property owner; and you hereby waive all moral and other rights to your submission which are not capable of assignment. You also warrant that your submission is original with you and does not violate the rights, including the intellectual property rights, of any third parties.
Dog Is Good does not accept any unsolicited ideas or suggestions relating to products or items, either by phone, website, e-mail or any other method of submission. We have no obligation, and indeed, will not be responsible for any protections, including but not limited to confidentiality, for anything that you communicate or present to us. Any such submissions will be treated as non-proprietary and non-confidential. You expressly acknowledge that you will have no rights whatsoever in connection with any of your submissions, whether solicited or not.
Please note that if you forego the above notice and submit an idea or suggestion, then Dog Is Good shall become the sole owner of your submission, and you irrevocably and automatically transfer and assign all rights, ownership, title and interest in the submission to Dog Is Good, including all worldwide interest in any copyrights or other intellectual property in the submission, without any compensation whatsoever to you. Dog Is Good shall thereafter be able to use your submission in any way, throughout the world, that an owner is allowed to use its own property. You will not be able to claim ownership of your submission in any manner, nor shall you be able to attempt to exercise any rights, privileges or protections afforded to an intellectual property owner; and you hereby waive all moral and other rights to your submission which are not capable of assignment. You also warrant that your submission is original with you and does not violate the rights, including the intellectual property rights, of any third parties.
Dog Is Good has the right, in its sole discretion, to remove any content it determines is unlawful, inappropriate or possibly violates any third party’s intellectual property.
By signing up to receive special offers and information from Dog Is Good, you agree that you are at least eighteen (18) years of age at time of registration; that you will be responsible for all activities related to your use of this and other Dog Is Good websites; and that you will keep your sign-in information secure.
USING THIS, OR ANY OTHER DOG IS GOOD WEBSITE, IS DONE AT YOUR OWN RISK. THE WEBSITE, AND ANY FEATURES THEREOF, ARE PROVIDED “AS AVAILABLE” AND “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOG IS GOOD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANT ANY RESULTS UPON USE OF THE CONTENT ON THIS WEBSITE (INCLUDING THAT IT IS FREE OF VIRUSES OR HARMFUL ELEMENTS) OR ANYTHING ELSE FOUND ON THE WEBSITE IN TERMS OF RELIABILITY OR ACCURACY. NO WARRANTIES OF ANY KIND ARE MADE REGARDING YOUR USE OF CONTENT AND/OR INFRINGEMENT ON ANY THIRD PARTY’S RIGHTS. DOG IS GOOD IS NOT RESPONSIBLE FOR OMISSIONS OR ERRORS CONTAINED HEREUNDER, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY, INCLUDING COSTS, FOR YOUR USE, INCLUDING ANY NECESSARY SERVICING, CORRECTION OR REPAIR. WE CANNOT GUARANTEE THE UNINTERUPTED USE OF OUR WEBSITE, OR THE PROPER USE OR FUNCTIONING OF OUR WEBSITE, ON YOUR COMPUTER, OR YOUR INTERNET.
Please note some of the above disclaimers and warranties may not apply to you, based on your jurisdiction’s applicable law.
LIMITATIONS ON LIABILITY
DOG IS GOOD, ITS AFFILIATES, RELATED ENTITIES, CONTENT PROVIDERS, LEGAL AND OTHER SUCH ADVISORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES FOR ANY REASON ARISING OUT OF YOUR USE OF, OR THE INABILITY TO USE THIS WEBSITE; THIS INCLUDES CONTENT AND DOWNLOADS; AND THIS APPLIES EVEN IF DOG IS GOOD OR ITS AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DOG IS GOOD WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT EXCEED THE AMOUNT PAID TO DOG IS GOOD, IF ANY, FOR PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, DOG IS GOOD, ITS OFFICERS, DIRECTORS, DISTRIBUTORS, AGENTS, EMPLOYEES, AFFILIATES, LEGAL AND OTHER ADVISORS, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS AND DAMAGES, INCLUDING COSTS, REASONABLE ATTORNEY FEES AND EXPENSES, LAWSUITS ARISING IN CONNECTION WITH YOUR USE OF THIS SITE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ILLEGAL PURPOSES OR MISUSE OF THIS WEBSITE.
These Terms and Conditions of Use are governed by the laws of the state of California, without regard to conflicts of law provisions. Any controversy or claim relating to this website, its content or this Agreement, not otherwise resolved by you and Dog Is Good, shall be settled exclusively through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, to be administered in accordance with their Supplementary Procedures for Consumer-Related Disputes. Any such arbitration will be conducted in a place close in proximity to Dog Is Good’s headquarters in Los Alamitos, California. Accordingly, you submit to personal jurisdiction in California; and you also acknowledge that any claim or cause of action arising out of any matter relating to this website, its content or this Agreement, must be brought within one year after accrual of incident, or will be barred forever after.
Dog Is Good, however, may initiate legal proceedings in the jurisdiction of its choice to seek an injunction, recover damages, etc. relating to your use of this website, if applicable.
You can terminate this Agreement at any time by ceasing to use this website. Dog Is Good may, for whatever reason, in its sole discretion, terminate this Agreement and deny you further access to the website. If this occurs, you agree to abide by our decision, and you still affirm that the User Agreement applies to all uses prior to termination.
The headings for the different sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
If any part or parts of this Agreement (including all Terms and Conditions of Use, Privacy and Other Policies) shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
SALES AND USE TAX POLICY STATEMENT
We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.
IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
DOG IS GOOD, LLC COLLECTS SALES TAX in states where we have physical presence (or nexus), including California.
DOG IS GOOD, LLC DOES NOT COLLECT SALES TAX in any state NOT listed above because Dog is Good, LLC is not required to collect sales or use tax in these states.
FOR OUR TAX-EXEMPT CUSTOMERS:
DOG IS GOOD, LLC Does not collect sales tax if we have your exemption certificate on file.
If you have any questions about this website or the Terms and Conditions of Use, please contact us:
Dog Is Good, LLC
10531 Humbolt Street,
Los Alamitos, CA 90720
©2016 Dog is Good, LLC. All Rights Reserved.