Terms of Use

DATE: JULY 7, 2017

This Terms of Use (this “Agreement”) governs your access and use of the www.dogcertfified.com (collectively, the “Site”), operated by Do Only Good Certified Pet Nutrition, LLC (“DOG”, “we”, “us” or “our”). Before you may use the Site, you must read and accept all of the terms and conditions in this Agreement and the Privacy Policy on the Site. Please review our Privacy Policy, which is incorporated into and hereby made part of this Agreement. The Site may also contain additional terms that govern particular features or services, which additional terms are also incorporated into and hereby made part of this Agreement. By using any services, you acknowledge that you have reviewed all terms of such services and agree to be bound by them.

USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE.

Services
In the Site, we provide users with access to certain services, information and/or products (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

License and Access
DOG grants you a limited license to access and make personal, noncommercial use of the Site and the Service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, transfer or create derivative works from this Site or any content thereof. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own personal, noncommercial use, or to register with DOG services from the Site.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DOG suspects that such information is untrue, inaccurate, not current or incomplete, DOG has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. You may not choose a username that impersonates someone else, is or may be illegal is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for any and all activities (including purchases) that are conducted through your account, and for restricting access to your computer. Your username and password are for your personal use only, and may not be used by any other person. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify DOG immediately of any unauthorized use of your account or any other breach of security.

As a condition of the license granted to you herein, and in addition to any other conditions and restrictions set forth in this Agreement, you may not engage in any of the following activities: downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in DOG’s sole discretion) an unreasonable or disproportionately large load on DOG’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by DOG to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.

DOG reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion, at any time, with or without reason or notice.

Descriptions Services and Content
Content presented is intended to impart general pet nutrition, pet fitness and pet health information. Such informational Content is not intended to be a substitute for professional veterinary advice, diagnosis or treatment. Always seek the advice of your veterinarian or other qualified health professional with any questions you may have regarding your pets’ medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with the DOG website, our products or our services. Using the DOG website is solely at your own risk.

Disclaimer of Warranties and Limitation of Liability
ALL NON DOG FOOD RELATED INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

ALWAYS SEEK THE ADVICE OF A PROFESSIONAL, VETERINARIAN OR OTHER QUALIFIED PROFESSIONAL IN CONNECTION WITH THE CARE AND FEEDING OF DOGS. RELIANCE ON ANY INFORMATION THAT APPEARS ON THE SITE, WHETHER PROVIDED BY DOG OR OTHERS IS SOLELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND (C) ANY ELECTRONIC COMMUNICATIONS FROM DOG. DOG DOES NOT WARRANT THAT (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR (C) ELECTRONIC COMMUNICATIONS SENT FROM DOG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IF YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT ON THIS SITE OR ANY SERVICES PROVIDED TO YOU THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DOG’S SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOG AND ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to indemnify and hold DOG (and its officers, directors, employees, agents, affiliated entities, and their respective successors and assignees) harmless from any claims, demands, losses, liabilities, judgments, costs and expenses, including reasonable attorneys’ fees, or arising out of or related to your breach of this Agreement or your violation of any law or the rights of any third party.

Limitation on Accounts
Each user may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your DOG account, or your use of or access to this Site (including your username or password) to another party. You further agree not to permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password.

You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

  1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
  2. Advertisements or solicitations of any kind.
  3. An impersonation of someone else or any kind of false information.
  4. Personal information such as phone numbers, social security numbers, account numbers, addresses.
  5. Information that is deceptive, false, inaccurate or misleading.
  6. Messages that offer unauthorized downloads of any copyrighted or private information.
  7. Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial or promotional message.
  8. Viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Costs
There may be some costs associated with your use of the services available through the Site. For example, your cell phone service provider may charge you to receive wireless text messages. Neither DOG nor any of its partners, affiliates, licensors or vendors are responsible for any charges related to your use of such services, and you agree that all such costs shall be borne by you.

Unsolicited Submissions
Please note that we do not accept unsolicited materials or ideas products or services. Therefore, please do not make any such unsolicited submissions to DOG. We are not responsible for the similarity of any of our content or materials (whether on this Site or otherwise used by us or our affiliates) to any materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, such unsolicited materials or ideas shall be deemed Submitted Content (as such term is defined above), and DOG shall have the full rights and license thereto as DOG has with respect to any other Submitted Content, that no consideration of any sort will be provided to you, and that you are waiving any claim against DOG and our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.

Electronic Communications
When you use the Site or send emails to DOG, you are communicating with DOG electronically. You consent to receive communications electronically from DOG. DOG may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you by DOG electronically satisfy any legal requirement that such communications be in writing.

Opt-Out
If you no longer wish to receive our newsletter or promotional communications, you may opt out of receiving these communications by clicking on an “unsubscribe” link at the bottom of the newsletter and following the directions given.

Contact
If you have any questions regarding the meaning or application of this Agreement, or for customer support or account questions, please contact us at info@dogcertified.com.

Modification
DOG may modify this Agreement from time to time, and such modification shall be effective upon posting by DOG on the Site. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Site. DOG reserves the right to make changes to the Site at any time without notice. Any provision of these terms and conditions that grants any rights to DOG will survive any termination of this Agreement.

DOG reserves the right, at any time, to change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Trademarks
The trademarks, trade names, logos and service marks (“Marks”) displayed on the Site (including, without limitation, “D.O.G. Certified Dog Food” and “Do Only Good Function Nutrition” and “Nutri-Power Boast” and “Source Verification” and “Best in Nature Formulated with the Best in Science” are the property of DOG. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of DOG. DOG will aggressively enforce its intellectual property rights to the fullest extent of the law, including monetary damages, civil penalties, and criminal prosecution.

Miscellaneous
Headings are for reference purposes only and do not limit the scope or extent of such section. If any provision of this Agreement is held to be unlawful, void or unenforceable, that provision is severable from this Agreement and does not affect the validity and enforceability of any remaining provisions hereof. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. This Agreement and the relationship between you and DOG will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with this Agreement. The failure of DOG to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. If you enter into any other written agreement with DOG, the terms of such agreement may prevail over the terms of this Agreement if such other agreement so specifies. Except as otherwise expressly set forth herein, this Agreement constitutes the entire agreement between you and DOG and governs your use of the Site, superseding any prior agreements between you and DOG.

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