DogCrush Boutique Terms and Conditions

These Terms of Use (“Terms of Use” or “Agreement”) govern the use of www.dogcrushboutique.com and any affiliated domains that redirect or link to this Agreement (the “Site”) by all visitors to the Site. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site (“you” or “user”), and DogCruch Boutique, the operator of the Site, as well as SBond LLC (collectively referred to as “DogCrush,” “us,” “we,” or “our”). By using the Site, you agree at all times during your use to abide by these Terms of Use and any additions or amendments. Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Site. Please know that these Terms of Use do not create a confidential relationship between you and us.

Your use of the Site is also subject to our Privacy Policy, available at www.dogcrushboutique.com/privacy. Therefore, please also review the Privacy Policy carefully prior to using the Site. In the event that there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply.

Product Information, Accuracy, and Shipping

  • Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

  • Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. All information provided on the Site is provided in English and all pricing information is provided in U.S. dollars. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice prior to completion of a purchase. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order, confirmation of an offer to sell a product or service, or the availability of a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Additionally, we may refund a purchase if a product becomes unavailable after purchase. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

  • Shipping Limitations. When an order is placed and is ready for shipment, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

  • Returns and Exchanges.  For any return or exchange request for an unused or unopened item made within thirty (30) calendar days after the product shipped to You, DogCrush will accept such returns or exchanges, for any reason or no reason, during that period.  For such returns, DogCrush will exchange the product for a substantially similar product (i.e. the size or color may vary, but not the brand or price), credit You with the value of the returned good(s), or refund to You the amount of the returned good(s).  For any return or exchange request for an unused or unopened item made thirty (30) to sixty (60) calendar days after the product shipped to You, DogCrush will accept such returns as exchanges or due to a defect in the product.  For such returns after 30 days, DogCrush will exchange the product for a substantially similar product (i.e. the size or color may vary, but not the brand or price) or credit You with the value of the returned good(s).  Any return or exchange request made more than sixty (60) calendar days after the product is shipped, or for a product that is used or open, will be at the sole discretion of DogCrush, and shall only be for exchange or credit.  For all returns or exchanges, You shall be responsible for the shipping cost of returning the product to DogCrush, except that DogCrush will credit You with the value of the return shipping cost for any unused or unopened products that are defective.

Ownership & License

You understand and agree that the Site is owned by DogCrush, and that you shall have no ownership right, title, or interest in and to the Site or any of the software / source code or intellectual property on which the Site is based. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or on the Site. Furthermore, you agree not to circumvent, reverse engineer, or modify, any of the technical controls, protections, or components of the Site.

You understand and agree that the marks, names, slogans, and/or logos (“Marks”) and content appearing in or on the Site are the sole and exclusive property of DogCrush, or our partners or licensors. You have no right to use any such Marks or content without the prior written consent of DogCrush or the partner or licensor that owns the relevant Mark or content.

DogCrush grants you, as a user of the Site, a personal, limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, to use the Site (i) solely in accordance with these Terms of Use and (ii) in the ordinary manner in which it was designed to be used. Any other use of the Site is prohibited.

Use of and Comments to Material

If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate Site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us at customerservice@dogcrushboutique.com.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. As discussed more completely in the Disclaimer of Warranties section of this Agreement, DogCrush and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.

Notice and Procedure for Making Claims of Copyright Infringement

 

Pursuant to Title 17, U.S. Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

 

Service Provider: DogCrush.

Designated Agent to Which Notification Should Be Sent:

DogCrush Boutique

Attn: Copyright Agent

5730 N. First St #105-547

Fresno, CA  93710-6251

customerservice@dogcrushboutique.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be 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;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

User Generated Content

From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant DogCrush, DogCrush's joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "DogCrush Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the DogCrush Parties may or may not earn or generate through its use of your Submission.

DogCrush Parties' Right to Use Your Submission. You grant the DogCrush Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the DogCrush Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the DogCrush Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.

Clearance of Your Submission for the DogCrush Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the DogCrush Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the DogCrush Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the DogCrush Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the DogCrush Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the DogCrush Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.

Community and Social Media Sites, Chat Rooms, Forums, and Blogs

DogCrush wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on DogCrush community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than DogCrush. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted on DogCrush community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user. You alone are responsible for material you post. DogCrush does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.

By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:

    • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
    • Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
    • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
    • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
    • Impersonates any person, business or entity, including DogCrush and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including DogCrush;
    • Contains an advertisement or solicitation or encourages others to make a donation;
    • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
    • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
    • Results in the posting or transmission of any message anonymously or under a false name;
    • Permits any person to access, using your account, any features of the Site that may require registration;
    • Results in a single message being posted to more than five areas of the Site or affiliated websites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
    • Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.

    Although DogCrush cannot monitor all content on DogCrush community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that DogCrush shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by DogCrush from time to time. DogCrush shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither DogCrush nor any of its affiliates shall assume or have any liability for any action or inaction by DogCrush with respect to any conduct within the Site or any communication or posting on the Site. DogCrush also reserves the right to disclose any information that DogCrush believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

    DogCrush requires you not to use the Site to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

    Our Use of Materials

    With the exception of any and all Submissions (DogCrush permitted use of which is discussed above) and any material posted on DogCrush community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of DogCrush and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on DogCrush community and social media sites, you are granting to DogCrush, and to anyone authorized by DogCrush, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on DogCrush community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant DogCrush, and anyone authorized by DogCrush, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as DogCrush deems appropriate.

    The materials available through the Site are the property of DogCrush or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Site, and to tell them how to find it.

    Linking

    We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by DogCrush. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.

    No Soliciting or Spamming

    You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

    From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.

    No Framing

    Without the prior written permission of DogCrush, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, DogCrush or any of their licensors into another website or other service.

    Trademarks & Other Intellectual Property

    We don't want anyone to be confused as to which materials and services are provided by DogCrush and which are not. You may not use any trademark, service mark, copyright-protected image, or other intellectual property appearing on or available through the Site without the prior written consent of the owner.

    Disclaimer of Warranties

    THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, DogCrush MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW (EXCLUDING, WHERE APPLICABLE, RESIDENTS OF THE STATE OF NEW JERSEY), WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT FOR RESIDENTS OF NEW JERSEY, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE AS WELL AS CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    Limitation of Liability

    We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL DogCrush, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF DogCrush HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

    Access and Interference

    Some of the information on the Site is updated on a real time basis. By using the Site, you agree not to:

      • Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
      • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
      • Implement any manual processes to monitor or copy content from the Site without express written permission.
      • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.

      Termination

      DogCrush reserves the right, in its sole discretion, to terminate your access and any rights granted herein, as well as to remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to the Site, or a breach of any of these Terms of Use or any additional terms, policies, or rules available in or on the Site. DogCrush’s failure to take, or delay in taking, any such actions shall not constitute a waiver of its rights to enforce such terms.

      In addition, we have the right, in our sole, exclusive, and complete discretion, to remove any content if we have reason to believe that posting, displaying, or otherwise using such content may infringe the intellectual property rights of a third party, subject us to expense or liability, or injure and/or impair our reputation and/or goodwill.

      Remedies

      Your access and use privileges of this Site and its content are conditioned upon your adherence to these Terms of Use. As stated above, DogCrush has the right to deny you access and use of this Site and its content if you violate (as DogCrush may determine in its sole and absolute discretion) any provision of these Terms of Use. DogCrush reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold DogCrush and its Representatives harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of your access to, or use of, this Site or any of its content in a manner other than as expressly authorized by these Terms of Use, your breach of these Terms of Use or your violation of applicable laws or any third party rights.

      Links to Other Websites

      DogCrush is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party websites. Third party websites that are accessed through links on our websites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information. Additionally, DogCrush is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by DogCrush or its licensors.

      Updates to the Terms of Use

      DogCrush reserves the right to amend these Terms of Use at any time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our customers, distributor partners, and service providers. When we do, we will also revise the effective date below.

      Choice of Law

      All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of the you or DogCrush in connection with the Site, shall be governed by, and construed in accordance with, the substantive laws of California without regard to conflicts of law principles.   

      Arbitration

       

      By using the Site, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Site or DogCrush will be decided by binding arbitration. All disputes between you and DogCrush of any kind or nature arising out of these Terms of Use or your use of the Site, shall be submitted to the American Arbitration Association (“AAA”) for binding arbitration under its rules then in effect in the Fresno, California area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. You agree to waive any class or representative claims you may have arising in connection with the Site or with any purchases or products from the Site.

      Entire Agreement

      These Terms of Use contain the entire agreement between you and us regarding the use of the Site and its content and supersede any and all other agreements or negotiations between us, whether oral or written, with respect to matters in these Terms of Use.

       

      Assignment of the Agreement

      We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or any part of these Terms of Use, to any other party. Any attempt by you to do so is void.

       

      Other

      No waiver of any provisions in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

      Additionally, if any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions.

      DogCrush enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, DogCrush holds the benefit of and may enforce this Agreement on behalf of those affiliates. DogCrush reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement. 

      Please contact DogCrush at customerservice@dogcrushboutique.com with any questions.

       

      ADDITIONALLY 

      SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

      DogCrush Boutique (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

      User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

      User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

      Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

      YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

      Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

      Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

      Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sandra@sandrabond.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

      MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

      Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

      Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

      Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

      Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

      • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
      • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
      • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
      • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
      • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
      • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

      Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Fresno, California before one arbitrator.

      The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which DogCrush Boutique’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

      Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

      Effective Date: July 17, 2021