You are hereby granted a limited, non-exclusive, non-transferable and revocable right to access and use of this Website solely for your personal and non-commercial use. You agree not to use this Website, or any portion thereof, for any commercial use or for the benefit of any other person or entity, including without limitation copying, streaming, duplicating, archiving, storing (other than stand browser caching), downloading, data mining, publishing, modifying, making derivative works of, reverse engineering, distributing and transmitting the content of this website. Use of any software robots, spiders, crawlers or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation, to access, acquire, copy, monitor or make submissions through any portion of the Website is prohibited. You agree not to knowingly or intentionally take any action that may impose an unreasonable burden or load on the Website or its servers and infrastructure. Violation of any of the terms above will immediately terminate the limited rights granted to you under this Agreement, and such termination will be without prejudice to any other right or remedy Dog Hipsters may have under applicable law or in equity.
Dog Hipsters may, at its sole discretion, refuse access to any person or entity and change any eligibility criteria at any time. The right to access the Website is revoked where this Agreement is prohibited or to the extent offering sale or provision of the materials or information on the site conflict with any applicable law, rule or regulation.
For purposes of this Agreement, the term “Content” includes, without limitation, information, material, images, software, photographs, podcasts, blogs, functions, data, text, videos, audio clips, written posts, articles, comments, scripts, graphics and interactive features generated, provided, or otherwise made accessible on or through the Website. For purposes of this Agreement, Content also includes all User Content (as defined below).
For purposes of this Agreement, the term “User Content” includes all Content added, created, uploaded, submitted, distributed, or posted to the Website whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Dog Hipsters does not guarantee that any Content you access on or through the Website is or will continue to be accurate.
Dog Hipsters reserves the right to, but does not have the obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Dog Hipsters is concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Website.
Forums means an area, site or feature offered as part of this Website that offers the opportunity for users to post Content for viewing by one or more Website users, including the comment section of any blog post. Additionally, forum includes any other Website page or content area created by you on one or more social media pages, including, but not limited to Twitter, Facebook, Instagram, Pinterest, YouTube, Google+ and Bloglovin’. Forum and features offered therein are for public use and you have no expectation of privacy with regard to any Content posted to a public forum. Any information you disclose through any of these media or on the Website is at your own risk. Dog Hipsters does not guarantee the security of any information you disclose through any of these media. Additionally, you grant Dog Hipsters the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of the Website and associated social media.
LIABILITY LIMITATIONS, WARRANTIES AND DISCLAIMERS
The information contained on this Website, and the contained blogs, forums and podcasts, is for informational purposes only. The statements and representations on this Website are the opinion of Dog Hipsters. The statements and representations are not a substitute for proper advice from a medical provider regarding the care, diagnosis, treatment, prevention or curing of any medical condition or disease. The Content on this Website is intended to recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. You should consult a qualified medical professional before making any health decision or taking any product. For the Content on the Website related to dogs, the statements and representations are not a substitute for proper advice from a veterinarian regarding the care, diagnosis, treatment, prevention or curing of any medical condition or disease of an animal. Nothing on this Website is intended to recommend any particular form of medical treatment for a dog or that persons manage their dog’s health problems without the advice of a licensed veterinarian. You should consult a veterinarian before making any health decision or taking any product for your dog. The information on this Website has not been evaluated by the Food and Drug Administration.
To the fullest extent permissible pursuant to the applicable law, Dog Hipsters make no representations or warranties and hereby disclaims any and all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dog Hipsters does not make any warranties or representations regarding the use of the materials on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Dog Hipsters does not represent or warrant that the functions contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes the Website are free of viruses or other harmful components. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
In no event shall Dog Hipsters nor our affiliates, nor our or their respective directors, officers, employees, agents, partners, contractors, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Website for:
- Any liability for fraud or fraudulent misrepresentations;
- Any bugs, viruses, Trojan horses, corruption of data, databases, software or the like (regardless of the source of origination);
- Any special, compensatory, punitive, indirect, incidental or consequential loss or damage of any kind whatsoever, or cots of procurement of substitute good;
- Any losses arising out of any event or events beyond our reasonable control;
- Any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, business, contracts, commercial opportunities or goodwill; and
- Any limitations set elsewhere in this Agreement.
You release Dog Hipsters from all liability for you having acquired or not acquired Content through the Website. Dog Hipsters makes no representations concerning any Content contained in or accessed through the Website. Except where such disclaimer of liability is prohibited by applicable law, Dog Hipsters will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Website.
RULES OF CONDUCT
As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Agreement. You are responsible for all of your activity in connection with the use of this Website. You shall not either (i) take action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Website, that:
- Infringes any trademark, trade secret, copyright, right of publicity or other right of any person or entity or violation law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Dog Hipsters in its sole discretion;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
- Contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of this Website; and
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
Unless otherwise noted, all trademarks, service marks, logos and trade names, whether registered or unregistered (collectively the “Trademarks”) displayed on the Website are the property of Dog Hipsters and its third party advertisers and partners. Nothing contained on the Website shall be construed as granting any license or right to use any Trademark displayed on the Website without the written permission from Dog Hipsters or such third party that may own the Trademark. Any unauthorized use of the Content, including the Trademarks, is in violation of the intellectual property rights of Dog Hipsters and/or third parties associated with Dog Hipsters, is strictly prohibited and will be subject to legal rights and remedies.
Your posting, submission or sending of any comments or postings shall constitute an assignment to Dog Hipsters of all worldwide right, title and interest, including all intellectual property rights, in and to the comments and posts. Dog Hipsters will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any comments or posts for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and all claims against Dog Hipsters in connection with the foregoing.
THIRD PARTY SERVICES
The Website may permit you to link to other websites, services, products or resources of other persons or entities, including without limitation social media networks. Links on this Website may also directing you to various food, beverage and dietary supplement products on third party websites and are not intended to diagnose, treat, cure or prevent any medical condition or disease.
When you click on one of these links, you are leaving www.doghipsters.com and accessing a third party websites at your own risk. These other resources are not under Dog Hipster’s control and Dog Hipsters makes no representations or warranties regarding third-party sites. This inclusion of any such link does not imply any association between Dog Hipsters and the operators of any other websites. To the maximum extent permitted by law, you acknowledge that Dog Hipsters has no responsibility for such third-party sites or the contents, features or operations of such third-party sites. You further acknowledge and agree that Dog Hipsters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify Dog Hipsters.
Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding on Dog Hipsters, until payment has been received. Watches and jewelry are not returnable without the prior written consent of Dog Hipsters and subject to inspection. For all other items, the item(s) must be returned to Dog Hipsters within thirty (30) days from the original shipping date. The item(s) must ben in as-new condition and returned in the original packaging. You are responsible for the costs of shipping the item(s) to Dog Hipsters. Dog Hipsters reserves the right to refuse to refund any order or part of any order placed on this Website.
Dog Hipsters reserves the right to refuse service, and/or deny access to any or all parts of this Website at any time if you engage in any conduct or activity that is determined, in its sole discretion, to violate the Agreement, Dog Hipsters’ rights, or the rights of any third party for any reason. Furthermore, use of this Website for any illegal or unauthorized purpose is strictly prohibited and you agree that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.
You shall defend, indemnify, and hold harmless Dog Hipsters, our affiliates and each of our or their respective employees, agents, contractors, officers, directors, suppliers and representatives from all losses, liabilities, claims, expenses, damages and costs, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Website and Content or otherwise from User Content, violation of the Agreement, or infringement by you of any intellectual property or other right of any person or entity. Dog Hipsters reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Dog Hipsters in asserting any available defenses.
Each and every dispute, claim or controversy between you and Dog Hipsters regarding any aspect of your relationship with Dog Hipsters, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior) or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope the terms of the Agreement, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury, in accordance with this arbitration agreement. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and would have in court may not be available in arbitration.
By using this website, you and Dog Hipsters agree to submit any and all disputes to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement. Arbitration shall be before either (1) JAMS, www.jamesadr.com, or (2) The American Arbitration Association (“AAA”), www.adr.org. Either you or Dog Hipster may initiate arbitration proceedings. The party initiating arbitration shall have a choice between these two arbitration forums. The arbitration will be conducted before a single arbitrator.
Neither you nor Dog Hipsters will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against Dog Hipsters including any right to class arbitration or any consolidation of individual arbitrations.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration agreement, you agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction of the State and Federal Courts of the County of Los Angeles, State of California, except where jurisdiction and venue are mandated by applicable law. Any arbitration proceeding will be brought in the County of Los Angeles, State of California.
This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with the prior written consent of Dog Hipsters Dog Hipsters may assign, transfer or delegate any of our rights and obligations hereunder without consent.
In accordance with the Controlling the Assault of Non-Solicited Pornography and Marketing Action of 2003, 16 CFR Part 316 (CAN-SPAM), Dog Hipsters follows all applicable digital communication laws. A valid email address is required to leave a comment, purchase a product or interact on social media. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases and account information. If your attempts to unsubscribe from communications from Dog Hipsters has been unsuccessful, please email Dog Hipsters at email@example.com and your account will be permanently removed from our system.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
Dog Hipster’s failure to enforce any part of the Agreement shall not constitute a waiver of its right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that Dog Hipsters will waive compliance in the future. In order for any waiver of compliance with Agreement to be binding, Dog Hipsters must provide you with written notice of such waiver through one of its authorized representatives.
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
ENTIRE AGREEMENT AND SEVERIBILITY
This Agreement is the entire agreement between you and Dog Hipsters with respect to use of the Website and supersedes all prior or contemporaneous communications between you and Dog Hipsters with respect to use of the Website. If any one or more provisions of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary and shall in no way affect the validity or enforceability of the other provisions of this Agreement.
CONTACT / NOTICES
For any questions or concerns, please contact Dog Hipsters at firstname.lastname@example.org.