Acceptance of Terms of Service
- As a precondition and requirement to use the services available via GoodDoginaBox.com, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Good Dog Enterprises, LLC dba GoodDoginaBox.com, its subsidiaries and affiliates (“GoodDoginaBox.com”). Each Subscriber is subject to these Terms, and by using GoodDoginaBox.com services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from GoodDoginaBox.com. Further, Subscriber represents and warrants all information provided by Subscriber to GoodDoginaBox.com has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to GoodDoginaBox.com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through GoodDoginaBox.com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
- Subscribers may view the most current version of these Terms at www.GoodDoginaBox.com/terms-of-service/. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the GoodDoginaBox.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account.
- GoodDoginaBox.com has the right to alter these Terms without prior notice. GoodDoginaBox.com may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to GoodDoginaBox.com, in its sole discretion, that said alteration may materially or adversely impact said Subscriber’s use of the Services.
Term – Payment – Renewal of Account – Refunds
- Term of Service.The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates when said Subscriber cancels the autorenewal of the Subscription.
- Subscriber agrees to pay upfront for the subscription term chosen during checkout. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
- Automatic Renewal of Subscription. As a courtesy and not as an obligation (contractual or otherwise), on the day prior to the expiration of Subscriber’s subscription, GoodDoginaBox.com will automatically renew Subscriber’s subscription, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file.
- Cancellation of Automatic Renewal of Subscription. If subscriber wishes to cancel the automatic renewal of their current subscription, they must log into GoodDoginaBox.com and cancel the subscription in the My Account section of the website. This can be done at any point in time during the current subscription. Once the subscription automatically renews, the subscription can not be cancelled, but the automatic renewal on that subscription for future renewals can be cancelled at any point in time.
- No Refunds. No refunds for current subscriptions are given in full or in part once the order for said subscription has been placed on the GoodDoginaBox.com website and paid for in full.
- No Cancellations of Subscription. Subscriptions can not be cancelled once the order for said subscription has been placed on the GoodDoginaBox.com website and paid for in full.
These Terms do not give Subscriber any rights in GoodDoginaBox.com intellectual property, technology, printed content, online games or online training videos. GoodDoginaBox.com and related trademarks and logos are the exclusive property of GoodDoginaBox.com and Good Dog Enterprises, LLC. GoodDoginaBox.com and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. No content with a Subscriber’s GoodDoginaBox.com online account or that is provided within monthly deliveries to a Subscriber’s physical address can be copied or reused in any way without prior written permission from Good Dog Enterprises, LLC.
- GoodDoginaBox.com will take commercially reasonable steps to ensure your right to privacy. Good Dog Enterprises, LLC is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust. GoodDoginaBox.com will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, with the exception of trusted business affiliates and/or associate companies who work on behalf of or in connection with GoodDoginaBox.com for order fulfillment or payment processing.
- GoodDoginaBox.com will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
- GoodDoginaBox.com may transfer information about Subscribers if GoodDoginaBox.com is acquired by or merged with another company, in which event GoodDoginaBox.com will notify Subscribers.
- Accurate Account Information.Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on GoodDoginaBox.com in order to avoid termination of Subscriber’s GoodDoginaBox.com account(s).
- Reservation of Rights. GoodDoginaBox.com reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with GoodDoginaBox.com.
- Governing Law.These Terms shall be governed by the laws of the State of Maryland without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of GoodDoginaBox.com, Subscriber agrees that all disputes, if any, involving GoodDoginaBox.com shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Maryland; provided, further, that all action brought against GoodDoginaBox.com in State Court must be brought in Montgomery County, Maryland and, if in Federal Court, in Baltimore City, Maryland. Subscriber hereby agrees that it is subject to the in personal jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving GoodDoginaBox.com. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Maryland’s long arm statute or otherwise, to the existence of said in personal jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against GoodDoginaBox.com outside the State of Maryland; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Maryland, shall be deemed to support and to stipulate to a motion made by GoodDoginaBox.com to dismiss said lawsuit with respect to GoodDoginaBox.com.
WARRANTY AND USE DISCLAIMER – LIMITATIONS – INDEMNIFICATION
- Warranty And Use Disclaimer. GOOD DOG ENTERPRISES, LLC, AND GOODDOGINABOX.COM MAKE NO GUARANTEE ABOUT RESULTS FROM USING ANY PRODUCT OR SUBSCRIPTION PURCHASED FROM GOODDOGINABOX.COM. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. GOODDOGINABOX.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY GOODDOGINABOX.COM OR GOODDOGINABOX.COM REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. GOODDOGINABOX.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. GOODDOGINABOX.COM DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. GOODDOGINABOX.COM DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR GOODDOGINABOX.COM IN PARTICULAR.
- Limitations on GoodDoginaBox.com Liability. GOODDOGINABOX.COM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL GOODDOGINABOX.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT GOODDOGINABOX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THEURLDR.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. GOODDOGINABOX.COM ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL GOODDOGINABOX.COM LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO GOODDOGINABOX.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, GOODDOGINABOX.COM LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification of GoodDoginaBox.com. You, the Subscriber, agree to defend, indemnify and hold GoodDoginaBox.com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from GoodDoginaBox.com own gross negligence or willful misconduct. GoodDoginaBox.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
- Sanctioned Countries.The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries (“Sanctioned Countries”) on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. “Sanctioned Countries” shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of GoodDoginaBox.com.
Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of GoodDoginaBox.com, regardless of where said individual is located.
- Prohibited Organizations/Entities.The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively “Prohibited Organizations/Entities” and individually “Prohibited Organization/Entity”) are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of GoodDoginaBox.com.
- Prohibited Individuals.The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively “Prohibited Individuals” and individually “Prohibited Individual”), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service ofG oodDoginaBox.com.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO THEURLDR.COM SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR GOODDOGINABOX.COM ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
(END of Terms of Service)