Doggie Karma Terms and Conditions
Modification Date: January 12, 2022
These Terms and Conditions (these "Terms and Conditions") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and Doggie Karma LLC (“we", “us", “our", or "Doggie Karma") concerning your access to and use of the DoggieKarma.com website as well as any other website, media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto, including any website owned by Doggie Karma LLC (collectively, the “Site").
All products and/or services offered by Doggie Karma are collectively referred to in these Terms as the “Doggie Karma Products”.
WE ARE ONLY WILLING TO MAKE THE DOGGIE KARMA PRODUCTS AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS. BY ORDERING OR USING THE DOGGIE KARMA PRODUCTS OR BY USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR USING/ORDERING THE DOGGIE KARMA PRODUCTS, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site or in other Doggie Karma Products from time to time, and such supplements are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you of any changes by updating the “Modification Date" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site or the Doggie Karma Products after the date such revised Terms and Conditions are posted.
The information on the Site and in or relating to the Doggie Karma Products is not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the Doggie Karma Products while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site or to order or use the Doggie Karma Products.
For purposes of these Terms and Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Doggie Karma LLC.
1. Intellectual Property Rights
Unless otherwise indicated, the Site and the Doggie Karma Products are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and in or relating to the Doggie Karma Products (collectively, the “Content") and trademarks, service marks, and logos contained therein (the “Marks") are owned, controlled by us, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of the United States of America, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms and Conditions, no part of the Site or the Doggie Karma Products, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site and the Doggie Karma Products, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Doggie Karma Products, the Content, and the Marks.
2. User Representations
By using the Site and the Doggie Karma Products, you represent and warrant that:
- all information (via registration or otherwise) you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such information as necessary;
- you have the legal capacity and you agree to comply with these Terms and Conditions;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Site or the Doggie Karma Products through automated and non-human means, whether through a bot, script, or otherwise;
- you will not use the Site and the Doggie Karma Products for any illegal and unauthorized purpose;
- your use of the Site and the Doggie Karma Products will not violate any applicable law or regulation;
- you have not been included in any trade embargoes or economic sanctions list (such as UN security council sanctions list), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the u.s. department of the treasury), or the denied persons or entity list of the u.s. department of commerce; and
- Doggie Karma or third-party providers we work with, may store the IP address you use to access the site.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and the Doggie Karma Products (or any portion thereof).
Doggie Karma reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of Doggie Karma services in certain countries or regions.
3. User Registration
You may be required to register with the Site and the Doggie Karma Products. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. Prohibited Activities
You may not access or use the Site and the Doggie Karma Products for any purpose other than that for which we make the Site and the Doggie Karma Products available. The Site and the Doggie Karma Products may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with Doggie Karma LLC.
During the use of Doggie Karma Products, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms and Conditions, and various guidelines of Doggie Karma.
You may not:
- Systematically retrieve data or other content from the Site and the Doggie Karma Products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site and the Doggie Karma Products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site and the Doggie Karma Products to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site or the Doggie Karma Products, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or the Doggie Karma Products -- and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site or the Doggie Karma Products.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the Doggie Karma Products.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site or the Doggie Karma Products in order to harass, abuse, or harm another person.
- Use the Site or the Doggie Karma Products as part of any effort to compete with us or otherwise use the Site, the Doggie Karma Products, and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or the Doggie Karma Products.
- Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or the Doggie Karma Products to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Site’s software or code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or the Doggie Karma Products.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site and the Doggie Karma Products, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or the Doggie Karma Products.
- Use the Site or the Doggie Karma Products in a manner inconsistent with any applicable laws or regulations.
5. Fee & Payment
As between us, you will be solely responsible to pay any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Doggie Karma Products (including, without limitation, any Taxes that may become payable as the result of your purchase, use, or ownership of any of Doggie Karma Products. Except for income taxes levied on Doggie Karma, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms and Conditions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Doggie Karma Products (“Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
7. Third-Party Website and Content
The Site and/or the Doggie Karma Products links to other websites (“Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sounds, videos, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the Doggie Karma Products, or any Third-Party Content posted on, available through, or installed from the Site and/or the Doggie Karma Products, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the Doggie Karma Products and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the Doggie Karma Products or relating to any applications you use or install from the Site and/or the Doggie Karma Products. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site and the Doggie Karma Products such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the Doggie Karma Products, and any services provided on the Site and/or the Doggie Karma Products, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the Doggie Karma Products, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
These Terms and Conditions remain in full force and effect while you use the Site and the Doggie Karma Products. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE DOGGIE KARMA PRODUCTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, THE DOGGIE KARMA PRODUCTS, AND THE SMART CONTRACT OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including (without limitation) pursuing civil, criminal, and injunctive redress.
10. Governing Law
This Terms and Conditions and your use of the Site and the Doggie Karma Products are governed by and constructed in accordance with the laws of the State of Wyoming, without regard to its conflicts of law principles.
11. Dispute Resolution
11.1 Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
11.2 Binding Arbitration. If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AA rules or applicable law, the arbitration can take place in the State of Wyoming. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Wyoming, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site or the Doggie Karma Products be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
11.1 Exceptions to the Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE DOGGIE KARMA PRODUCTS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF DOGGIE KARMA ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DOGGIE KARMA EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, DOGGIE KARMA DOES NOT REPRESENT OR WARRANT THAT THE SITE, DOGGIE KARMA PRODUCTS, OR ANY CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOGGIE KARMA DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED, OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS, AND RULES SET FORTH IN THESE TERMS AND CONDITIONS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF DOGGIE KARMA PRODUCTS. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT DOGGIE KARMA WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY DOGGIE KARMA AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (B) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS, OR VIOLATION OF THESE TERMS AND CONDITIONS, (C) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY DOGGIE KARMA; AND (D) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND RULES ISSUED BY DOGGIE KARMA.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
DISCLAIMER OF SECURITY RISKS
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
The Site provides general health and dietary information and content published over the Internet and is intended only to assist users in their efforts to improve the health of their dogs and/or other pets. None of Doggie Karma or any affiliate is a medical or veterinary organization, and our staff cannot give you specific medical or veterinary advice or diagnosis. Additionally, we are not registered or licensed veterinarians, and our staff likewise cannot not give you or your pet personalized advice. Nothing contained in the Site should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for veterinary consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a veterinarian before having your dog or pet begin any diet, or supplement effort or regimen. You should not use the information available on the Site for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dog supplements have not been evaluated by the Food and Drug Administration or any other government agency unless specifically so stated.
You agree to indemnify and hold harmless Doggie Karma, their affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Site or the Doggie Karma Products, (ii) your breach or our enforcement of these Terms and Conditions, (iii) any breach of your representations and warranties set forth in these Terms and Conditions, (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the Doggie Karma Products, including (without limitation) intellectual property rights, or (v) any overt harmful act toward any other use of the Site and the Doggie Karma Products with whom you connected via the Site or the Doggie Karma Products. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOGGIE KARMA, ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS, OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF THE DOGGIE KARMA PRODUCTS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE DOGGIE KARMA PRODUCTS, OR ANY OTHER PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF DOGGIE KARMA AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY, OR OTHER THEORY EVEN IF DOGGIE KARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF DOGGIE KARMA’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF DOGGIE KARMA, ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF DOGGIE KARMA AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE DOGGIE KARMA PRODUCTS, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO DOGGIE KARMA UNDER THESE TERMS AND CONDITIONS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME PERSONAL INJURY CLAIMS.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE AND THE DOGGIE KARMA PRODUCTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE AND THE DOGGIE KARMA PRODUCTS TO YOU WITHOUT THESE LIMITATIONS.
By registering to use a Doggie Karma account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms and Conditions; (iii) you have not been previously suspended or removed from ordering or using the Doggie Karma Products; (iv) you do not currently have a Doggie Karma account; and (vi) your use of Doggie Karma Products will not violate any and all laws and regulations applicable to you, including (without limitation) regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Doggie Karma reserves the right to change, modify or impose additional restrictions at its discretion at any time.
16. Account Security
Doggie Karma has been committed to maintaining the security of personal information and all user-related data, and has implemented industry standard protection for the Site and Doggie Karma Products. However, the actions of individual users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Doggie Karma account and personal information.
You should be solely responsible for keeping safe your Doggie Karma account and password, and be responsible for all the transactions under your Doggie Karma account. Doggie Karma assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent, or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Doggie Karma account, you hereby agree that:
- you will notify Doggie Karma immediately if you are aware of any unauthorized use of your Doggie Karma account and password or any other violation of security rules;
- you will strictly abide by all mechanisms or procedures of Doggie Karma regarding security, authentication, trading, charging, and withdrawal; and
- you will take appropriate steps to logout from Doggie Karma at the end of each visit.
17. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on the Site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings“), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the Site. We do not control the Postings posted, emailed, or otherwise transmitted on the Site by others and, as such, we do not guarantee the accuracy, integrity, or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Site (as described below), you understand that by using the Site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Site.
You agree not to use the Site (including any community areas) to:
- Upload, post, email, or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Harm dogs or any other animals in any way;
- Impersonate any person or entity, including, but not limited to any user of the Site, a director, officer, employee, shareholder, agent, or representative of Doggie Karma, our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Doggie Karma, or our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Site;
- Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a community area (or other portion of the Site) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of the Site; or
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent.
18. Compliance with Local Laws
It is your responsibility to abide by local laws in relation to the legal usage of the Doggie Karma Products in your local jurisdiction as well as other laws and regulations applicable to you. You must also factor -- to the extent of your local laws -- all aspects of taxation, the withholding, collection, reporting, and remittance to your appropriate tax authorities. ALL USERS OF THE DOGGIE KARMA PRODUCTS ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT DOGGIE KARMA WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Doggie Karma maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
19. Cancellation of Subscription
You can cancel your subscription by contacting Doggie Karma or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact us to have the charges reversed. If you use a Doggie Karma Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
20. Independent Parties
Doggie Karma is an independent contractor but not an agent of you in the performance of these Terms and Conditions. These Terms and Conditions shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
21. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties regarding use of the Site and the Doggie Karma Products and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
22. Interpretation and Revision
Doggie Karma reserves the right to alter, revise, modify, and/or change these Terms and Conditions at any time. All changes will take effect immediately upon being published on the Site. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms and Conditions. If you do not agree to any such modifications, your only remedy is to terminate your usage of the Doggie Karma Products. You agree that, unless otherwise expressly provided in these Terms and Conditions, Doggie Karma will not be responsible for any modification or termination of the Doggie Karma Products by you or any third party, or suspension or termination of your access to the Doggie Karma Products.
23. Force Majeure
Doggie Karma will not be liable for any delay or failure to perform as required by these Terms and Conditions because of any cause or condition beyond Doggie Karma’s reasonable control.
If any portion of these Terms and Conditions is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms and Conditions, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
You may not assign or transfer any right to use the Doggie Karma Products or any of your rights or obligations under these Terms and Conditions without prior written consent from Doggie Karma, including any right or obligation related to the enforcement of laws or the change of control. Doggie Karma may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
27. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use the Site, the Smart Contracts, and the Doggie Karma Products (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
- a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
- your name, mailing address, telephone number and email address;
- a statement by you that you have 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
- a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Site should be sent to: Doggie Karma LLC, 30 N Gould St., STE 5317, Sheridan, WY 82801.
28. Testimonials Disclaimer
Testimonials found on the Site or the Doggie Karma Products or which are published by us in relation to any product or service offered by Doggie Karma are unverified results that have been sent to us by users of the one or more of the Doggie Karma Products. Such testimonials may not reflect the typical or average experience of a purchaser, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. However, we feature these results to give you an idea of the kinds of results that can be achieved in certain instances.
You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of our programs, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get.
Also, by using any of the Doggie Karma Products, you assume certain risks for your pet inherent to health and supplement programs. The Doggie Karma Products typically require supplement and sometimes dietary changes. You should not have your dog or pet pet begin any program without first consulting a veterinary professional, especially if your dog or pet has pre-existing medical conditions.
Although all Doggie Karma Products are intended to be fully used and implemented, the typical purchaser is unfortunately neither consistent nor thorough in helping their pet implement the changes necessary to get great results.
And even when purchasers use dog supplements with their dog in a consistent manner, many dogs will still not see results (or may see delayed results) -- for a variety of reasons. Reports of specific improvement of health conditions should therefore be understood to be the exception rather than the rule. In other words, purchasers and users who use the Doggie Karma Products should generally expect to see no improvement in their pet's conditions and should be pleasantly surprised when they do get results.
29. Important Billing Information
As we state with respect to all of the Doggie Karma Products, (as well as the order pages and checkout pages), you will be charged for the Doggie Karma Product at checkout. However, if you aren’t completely satisfied with any of our products (we make no guarantees of results, but we strive to ensure that you’re satisfied), then you can send us an email with the subject “refund” (along with your order information) and we will gladly refund your purchase price.