TERMS OF SERVICE
SHAGGYSWAG.COM TERMS OF SERVICE
Last updated November, 2018
Welcome to ShaggySwag! These Terms of Service (“Terms”) apply to the use of www.shaggyswag.com (the “Site”) and the purchase, receipt or use of any subscriptions, products and gifts through the Site (collectively, the “Products”), whether as a registered user or guest. If you are using the Site as a representative of an organization, you represent and warrant that you are authorized to accept the Terms on behalf of that organization. The Terms constitute a binding agreement between you or such organization (“You”) and ShaggySwag, LLC (“We” or “Us”). We reserve the right to revise the Terms by updating this posting and will provide notice of such changes by updating the “Last Updated” date. Your continued access or use of the Site and receipt or use of the Products constitute acceptance of the updated Terms.
1. Use of Site: ShaggySwag offers a subscription service for monthly delivery of a box of smart, useful canine-related toys, treats and essential items for your dog or as a gift to other dog owners. Subscriptions are available for 1 month, 3 months, 6 months and 12 months. The Site includes the ShaggyShop, an online store for the purchase of individual pet products and a blog.
2. Registration and Product Sales: In order to use the Site to purchase Products, You must register with the Site by creating a login name and password. All the information You provide on the Website must be correct, current and complete. You should treat Your login and password as confidential information and not share them with third parties. You are responsible for all actions taken on the Site accomplished through Your login. You must immediately notify Us in the event that You become aware of any unauthorized use of Your login and/or password. As a registered user of the Site, You agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send You our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
4. Payment and Billing: The cost of Products is payable in full before delivery. We accept Visa, MasterCard, American Express, Discover and payment through PayPal. By purchasing a subscription, You acknowledge and agree that: (a) Your subscription includes an initial payment and recurring payments for each month during the subscription period, (b) You authorize Us (or Our third party payment processor(s)) to automatically charge Your payment method at the then-current subscription rate and (c) Your subscription shall automatically renew for a term equal to the original subscription term until You cancel Your subscription. For Your convenience and continuous subscription benefits, if Your payment method reaches its expiration date, You do not edit Your credit card information and You have an ongoing subscription, you authorize Us to continue billing that credit card on file including extending the expiration date until We are notified by You or the credit card company that the account is no longer valid. We encourage You to keep Your payment method information up to date. By submitting your credit card information, You grant Us the right to store and process Your information with Our third party payment processor(s); you agree that We will not be responsible for any failures of such third parties to adequately protect such information. All financial matters regarding Your information are subject to the conditions of the third party payment service processors’ terms of service.
5. Taxes: You may be charged local sales tax or value added tax, as applicable.
6. Shipping and Risk of Loss: You agree to pay any shipping and handling charges identified to You when you purchase a Product, which are estimates only. Actual delivery dates may vary. Generally, shipping is handled by a third party courier. We reserve the right to modify shipping and handling charges from time to time and will provide notice of such changes prior to purchase. Title to and risk of loss of Products passes to You upon Our delivery of the Product to the third party courier. For loss/damage claims, you must notify ShaggySwag within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
7. Deliveries: You are responsible for inspecting all Products You receive from Us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of any food Products You receive. Consumption of Products are solely at your own risk and you are solely responsible for the proper and safe handling, storage and use of the Products following delivery. In the case of severe weather or other events outside of Our control that hinder or delay delivery of your order, We will endeavor to complete the delivery as soon as possible.
8. Return Policy: If a Product is defective or damaged, You may return it within thirty (30) days of receipt and We will send You a new item or credit Your account. To request a refund, contact Us at [email protected] When returning Products, it is Your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by Us at Our address as displayed on the Website. Credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of ShaggySwag.com.
9. Rules of Conduct: By accessing the Site, including without limitation, commenting on a blog entry, You agree to abide by the following rules of conduct. You agree that You will not, directly or indirectly: Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Us. Use a name or language that We, in our sole discretion, deems offensive. Post content which infringes another's copyright, trademark or trade secret. Post unsolicited advertising or unlawfully promote products or services. Harass, threaten or intentionally embarrass or cause distress to another person or entity. Impersonate another person. Promote, solicit, or participate in any multi-level marketing or pyramid schemes. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum. Introduce viruses, worms, Trojan horses and/or harmful code to the Site. Obtain unauthorized access to any computer system through the Site. Invade the privacy of any person. Solicit personal information from children under 13 years of age. Violate any federal, state, local, or international law or regulation. We have the right, but not the obligation, to monitor or remove content You submit to the Site to determine compliance with these Terms and any other applicable rules that We may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted on or through the Site.
10. Cancellations: You may cancel your ongoing membership through the account page on the Site. You must update your account on the Site by the first day of the month following the end of your then-current subscription period. All cancellation requests received after the first day of the calendar month following a subscription period will apply to the following subscription period.
11. Minors: The Products are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may only do so in conjunction with and under the supervision of a parent or legal guardian, who shall be responsible for any and all activities by such minor.
12. Fraud Protection: We may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order, cancel any account or refuse to ship to certain addresses due to suspected fraud or unauthorized illegal activity.
14. No Implied Endorsements: In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Us of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such website.
15. Disclaimer of Warranties: WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, ANY CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN SHAGGYSWAG'S DISCRETION.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SHAGGYSWAG DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. Indemnification: You agree to indemnify, defend and hold Us, our affiliates, agents, officers, employees and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney fees, in any way arising out of or related to your use of the Site, a violation of these Terms or any other law or regulation.
17. Limitation of Liability: YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE, SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF WHETHER THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. International Use: The Site may be accessed from outside the United States. Some Products may only be available within the United States and U.S. territories. If You access and use this Site from outside the United States, you are responsible for complying with all applicable laws and regulations.
19. Copyright Infringement/Take Down Procedure: We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Site infringe your copyright, You may request removal of those materials (or access thereto) from the Site by submitting written notification (a “DCMA Notice”) to Our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). Our designated Copyright Agent to receive DMCA Notices is: Copyright Agent, 228 Park Ave S. Suite 62691, New York, NY 10003. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. If You believe that material You posted on the Site was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with us (a "Counter-Notice") by submitting written notification to Our Copyright Agent (identified above) pursuant to the DMCA. It is Our policy to terminate the accounts of repeat infringers and offenders of the DMCA.
20. Choice of Law, Mandatory Arbitration and Jurisdiction: These Terms shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Further, We shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT. 21. Termination: We may terminate any user's monthly subscription or access to our Site or services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that We are not liable to You or any third party for any termination of Your access to our Site or Services.
24. Contact: If you have any questions about these Terms, please contact [email protected]