Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject
to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of That’s My Dog! Inc. The collective work includes works that are licensed to That’s My Dog! Inc.
Copyright 2003 – 2016, That’s My Dog! Inc. ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site for the sole purpose of
placing an order with That’s My Dog! Inc. or purchasing That’s My Dog! Inc. products. You may
display and, subject to any expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site solely for your own
non-commercial use, or to place an order with That’s My Dog! Inc. or to purchase That’s My Dog
Store products. Any other use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless authorized in writing by That’s
My Dog! Inc.. You further agree not to change or delete any proprietary notices from materials
downloaded from the site.
All trademarks, service marks and trade names of That’s My Dog! Inc. used in the site are
trademarks or registered trademarks of That’s My Dog! Inc.
This site and the materials, information, suggestions, advice and products on this site are provided
“as is” and without warranties of any kind, whether express or implied. The content of the pages
of this website is for your general information and use only. Your use of any information or
materials on this website is entirely at your own risk, for which That’s My Dog shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available
through this specific website meet your specific requirements. To the fullest extent permissible
pursuant to applicable law, That’s My Dog! Inc. disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchant ability and fitness for a particular
purpose and non-infringement. That’s My Dog! Inc. does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the defects will be corrected,
or that this site or the server that makes the site available are free of viruses or other harmful
components. That’s My Dog! Inc. does not make any warranties or representations regarding the
use of the materials or information in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
Limitation of Liability
That’s My Dog! Inc. shall not be liable for any special or consequential damages that result from
the use of, or the inability to use, the materials or information on this site or the performance of the products, even if That’s My Dog! Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability, or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
In the event that a That’s My Dog! Inc. product is mistakenly listed at an incorrect price, That’s My Dog! Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. That’s My Dog! Inc. reserves the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, That’s My Dog! Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination or Amendment
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or amended by That’s My Dog! Inc. without notice at any time, for any reason.
That’s My Dog! Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to That’s My Dog! Inc.
Your use of this site shall be governed in all respects by the laws of the state of Iowa, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of That’s My Dog! Inc. products) shall be in the state or federal courts located in Dubuque County,Iowa. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of That’s My Dog! Inc. products) must be commenced within one (1) year after the claim or cause of action arises. That’s My Dog! Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. That’s My Dog! Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a That’s My Dog! Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site
is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the
rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
That’s My Dog! Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, That’s My Dog! Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, That’s My Dog! Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to That’s My Dog! Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless That’s My Dog! Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, your use of our website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. You shall cooperate with us in the defense of any claim.
In an attempt to provide increased value to our visitors, That’s My Dog! Inc. may link to sites operated by third parties. However, even if the third party is affiliated with That’s My Dog! Inc., That’s My Dog! Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of That’s My Dog! Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, That’s My Dog! Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). You may not create a link to this website from another website or document without That’s My Dog!’s prior written consent.
Notice and Procedures for Making Claims of Copyright or Other Intellectual Property
That’s My Dog respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. We therefore employ measures to prevent copyright and other intellectual property infringement on the
site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to:
That’s My Dog, Inc.
5110 Wolff Road
Dubuque, Iowa 52002
Email: [email protected]
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
• A physical or electronic signature of the person authorized to act on behalf of theowner of the copyright or other intellectual property interest that is allegedly infringed;
• Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the site are covered by the notice, a representative list of such works;
• Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonable sufficient to permit us to contact you, such as your name, address, telephone number and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
• A statement by you that the notification is accurate, and under penalty of perjury,that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. You acknowledge that if you fail to comply with all of the requirements, your notice may not be valid.