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Terms of Use

IMPORTANT: ALL USERS MUST READ THIS AGREEMENT

 

Thank you for visiting mountaindogchews.com (the "Site").  The Site is expressly owned and operated by Mountain Dog Chews ("MountainDogChews" or "we" or "us").  The Site is provided as an interactive online service consisting of information services and content and transaction capabilities provided by us and by certain third party service providers in connection with their provisioning of services to or for us.  This Terms of Use Agreement ("Terms of Use" or "Agreement") describes the relationship between MountainDogChews and you and sets forth terms and conditions to which your access to and use of the Site is subject. You and other users of the Site are sometimes referred to herein as "End Users" or "Users" or "you".  On the terms and subject to the conditions hereof, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby agree with us as follows:

 

 

I.  ACCEPTANCE OF TERMS AND CONDITIONS

 

YOUR AGREEMENT WITH US

 

By using the Site (other than to read this Agreement for the first time), you agree with MountainDogChews to the terms and conditions set forth in this Agreement, and your use of the Site (including, without limitation, in connection with effecting a purchase transaction) shall constitute your agreement to follow and be bound by such terms and conditions.  If you do not agree to the terms and conditions outlined herein, you shall not continue to use or access the Site. If you have questions regarding these Terms of Use, please contact MountainDogChews at the address or email set forth at the bottom of this Agreement. Please review our Privacy Policy, which is hereby incorporated by reference into this Terms of Use Agreement, for information regarding our policies with respect to information privacy. Any right to use the Site is personal to you and is not transferable by you to any other person or entity. You shall be responsible for protecting the confidentiality of your account information and password(s), if any.

 

 

MODIFICATION OF TERMS

 

MountainDogChews reserves the right to make from time to time any changes to this Terms of Use Agreement that we deem necessary or desirable, in our sole and absolute discretion, without any prior or contemporaneous notification to you. We suggest, therefore, that you re-read this important Terms of Use Agreement (and the policies incorporated herein by reference thereto) from time to time in order that you stay informed of any changes. In the event we make changes to this Agreement, such changes shall become effective immediately upon our posting, and if you continue to use the Site, you thereby shall be deemed to have agreed to the then-current Agreement.

 

 

II.  USE OF THE SITE

 

SITE AVAILABILITY AND CONTENT

 

You acknowledge that, on account of the nature of the Internet, often there are interruptions in service or events that are beyond the control of MountainDogChews, and MountainDogChews shall not be responsible in any event for any data lost while transmitting information on the Internet (including via mobile technology or media). While it is our goal to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of MountainDogChews, access to the Site may be interrupted, suspended or terminated from time to time and at any time.

 

MountainDogChews has the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, product selection and pricing, shipping and fulfillment, hours of availability and/or equipment needed for access or use.

 

 

EQUIPMENT

 

You are responsible for obtaining and maintaining all telephone, broadband, computer or mobile hardware and other equipment as needed for your access to and use of the Site and all charges related thereto. MountainDogChews shall not be liable for any damages to your equipment resulting from or in connection with your use of the Site, or otherwise.

 

 

YOUR CONDUCT

 

The Site and any MountainDogChews-operated or -maintained sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site, including, without limitation, any fora or MountainDogChews-maintained third-party social media channels (including, for example, our accounts maintained with Facebook, Twitter, and Pinterest, among others), (collectively, the "Extended Sites") are private property. All interactions by you on the Site and/or the Extended Sites must comply with these Terms of Use. As hereinafter used in this Agreement, the term "Site" shall be construed to include any Extended Sites, except as otherwise specifically provided or where such construction would violate applicable law. You shall not post or transmit to or through the Site in any manner any material or content that violates or infringes in any way upon the rights of others, or any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that contains advertising or any solicitation with respect to third-party products or services.  Any conduct by you that in MountainDogChews’s sole and absolute discretion restricts or inhibits any other End User from using or enjoying the Site (and/or any of the Extended Sites) is strictly prohibited. You shall not use the Site or any of the Extended Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, solicitation of any End User of the Site to become users or consumers of other on- or off-line services or goods directly or indirectly competitive or potentially competitive with MountainDogChews.

 

You agree that you shall not: (a) use any robot, spider, other automatic device or manual process to monitor or copy the Site or any portions thereof or the content contained therein; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted thereon; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.

 

You may not use our name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying MountainDogChews in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of MountainDogChews.

 

 

INTELLECTUAL PROPERTY RIGHTS RETAINED BY HOLDER

 

When using the Site, you do not acquire any rights in or to any products, trademarks, copyrights, photography, content or any other intellectual property rights.  All intellectual property rights are retained by MountainDogChews, its licensors, as applicable, or the respective lawful rights holders. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF ANY OF THE CONTENT OF THE SITE OR ANY OF THE EXTENDED SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MOUNTAINDOGCHEWS AND, IF APPLICABLE, THE HOLDER OF THE RIGHTS TO SUCH INTELLECTUAL PROPERTY, IS STRICTLY PROHIBITED. Any violation of this policy may constitute a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

 

Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with MountainDogChews or purchasing MountainDogChews products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with MountainDogChews or to purchase MountainDogChews products.

 

Trademarks and materials that are located within or on the Site (or any Extended Sites relating to or in conjunction with MountainDogChews) shall not be deemed to be in the public domain, but rather the exclusive property of MountainDogChews, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of MountainDogChews unless otherwise stated. For the avoidance of doubt, all trademarks, service marks and trade names of MountainDogChews used in the Site are trademarks or registered trademarks of MountainDogChews.  You shall not upload, post or otherwise make available on the Site any material protected by any copyright, trademark or other proprietary right without the express permission of the owner thereof. You shall be solely liable for any damage resulting from or in connection with any infringement of copyrights, trademarks or proprietary rights or any other harm resulting from any such submission. You acknowledge and agree that "Mountain Dog Chews" and derivations thereof and "Chews All Natural" are trademarks of Black Walnut Creative Ventures LLC.  Without limiting the foregoing, unless otherwise indicated, other trademarks appearing on the Site are the property of us.  All rights in respect of our trademarks and intellectual property are hereby expressly reserved.  All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MountainDogChews.

 

The compilation of all content on the Site, including, without limitation, text, graphics, logos, button icons, images, photography, audio and video clips, and data compilations, is the exclusive property of MountainDogChews and protected by United States and international copyright laws.

 

 

USER SUBMISSIONS

 

By submitting any material (including, without limitation, content, photography and graphics, videos and links thereto, and testimonials) to us or the Site, you grant, or warrant that the owner of such material has expressly granted, MountainDogChews the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, for the full term of any copyright that may exist in such material.

 

By posting comments, messages or other information on the Site or to us, you grant MountainDogChews the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.  Without limiting any of the foregoing, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

 

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your content.

 

 

THIRD PARTY CONTENT

 

In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, user or other third party not under contract with MountainDogChews. Any opinions, advice, statements, or other information or content expressed or made available by third parties, including information providers or any other users, are those of the respective author(s) and not of MountainDogChews.  MountainDogChews neither endorses nor is responsible for the accuracy or reliability of any such opinion, advice or statement made on the Site. Under no circumstances will MountainDogChews be liable for any loss or damage caused by your reliance on information thus obtained. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any and all information, opinions, advice, etc., or other content available through or on the Site.

 

The Site may contain from time to time links to third party web sites maintained by other organizations and/or content providers.  Such links are provided solely as a convenience to you and not as an endorsement by MountainDogChews of any content on any such third-party site.  MountainDogChews hereby expressly disclaims any representations regarding the content or accuracy of materials on any such third-party site. If you decide to access linked third-party sites, you acknowledge and agree that you do so at your own risk.

 

 

VETERINARY ADVICE

 

Any product recommendations, pet health care advice and/or other information provided on the Site are NOT to be construed as veterinary advice and are NOT meant to be a substitute for consultation with a licensed veterinarian.  No content on the Site should be relied upon to make important health care decisions for your pets.

 

 

MONITORING

 

MountainDogChews shall have the right, but not the obligation, to monitor the content of the Site (including any Extended Sites) at all times to determine compliance with this Agreement and any operating rules established by MountainDogChews, as well as to satisfy any applicable law, regulation or governmental request.  Without limiting any of the foregoing, MountainDogChews shall have the right to remove or delete therefrom any material or content that MountainDogChews, in its sole and absolute discretion, finds to be in violation of the provisions hereof or otherwise objectionable or undesirable.

 

 

III.  TERMS OF SALE

 

By placing an order, you make a firm offer to us to purchase the goods you have selected on the terms and conditions stated in this Agreement and subject to the terms and conditions set forth in our Returns Policy and our Shipping Policy, each of which are hereby incorporated herein by reference.  By placing an order with MountainDogChews, you acknowledge that you have read and agreed to this Agreement (including all policies incorporated herein by reference thereto). 

 

While we endeavor to present the most recent, most accurate and most reliable information on the Site at all times, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors or inaccuracies. Any such errors are wholly unintentional and we regret any erroneous information reflected in product pricing or availability, shipping costs or estimated delivery times, or otherwise.  Please be aware that we present all Site content "as is" and make no claims as to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a MountainDogChews product is listed at an incorrect price due to photographic error, typographical error or other error in pricing information, we shall have the right to refuse or cancel any orders placed for such product listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. In the event your credit card has already been charged for a purchase and your order is canceled by us, we will issue a credit to your credit card account in the amount of the incorrect price.

 

As a condition of your purchase of any product from MountainDogChews, you grant us permission to send you administrative and promotional emails. Subject to our Privacy Policy, we may send you information on your account activity and purchases, as well as updates about our products and promotions. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of such promotional email correspondence or by contacting us (via the means set forth in our Privacy Policy).

 

Gift cards, coupon codes and promotional codes may be subject to an expiration date.  You must redeem any such gift card, coupon code and/or promotional code prior to its expiration date.

 

You must redeem the full value of each gift card, coupon code and/or promotional code all at once, in a single transaction, unless, in the case of gift cards, such gift card specifically states otherwise. The honoring/issuing of credit is at the sole discretion of us unless otherwise required by applicable law.

 

Only one gift card, coupon code or promotional code can be used per order (and cannot be combined, including with any other promotion) unless expressly specified otherwise by us. We may determine from time to time in our sole discretion other limitations regarding redemption frequency and/or total redemptions permitted.

 

We shall not have any responsibility for lost or stolen gift cards, coupon codes or promotional codes.  In the event of any lose or theft of a gift card, coupon code or promotional code, you must notify us immediately. 

 

Any attempted redemption not consistent with these terms and conditions will render the applicable gift card, coupon code or promotional code null and void.

 

All promotions are void where and to the extent prohibited by applicable law.

 

 

IV.  GENERAL PROVISIONS

 

LIMITATION OF LIABILITY; DISCLAIMERS OF WARRANTY

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY EXTENDED SITES IS AT YOUR SOLE RISK. NEITHER MOUNTAINDOGCHEWS NOR ANY OF ITS MEMBERS, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT OR SERVICE PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR ANY OF THE FOREGOING MAKE ANY WARRANTY AS TO (I) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY OR RELIABILITY REGARDING ANY INFORMATION, CONTENT OR MERCHANDISE PROVIDED THROUGH THE SITE OR ANY EXTENDED SITES.

 

THE SITE AND ANY AND ALL EXTENDED SITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, NEITHER EXPRESS NOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER LAWS APPLICABLE TO THIS AGREEMENT.

 

FURTHERMORE, ALL PRODUCTS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOUNTAINDOGCHEWS DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY PRODUCT ON THE SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  YOU ACKNOWLEDGE AND AGREE THAT MOUNTAINDOGCHEWS DOES NOT REPRESENT OR WARRANT IN ANY RESPECTS THAT ANY PRODUCTS SOLD ON THE SITE WILL PERFORM AS DESCRIBED.  YOU BEAR SOLE RESPONSIBILITY FOR THE SELECTION AND USE OF ANY PRODUCTS, AND YOU ARE RESPONSIBLE FOR DILIGENTLY SUPERVISING YOUR PET IN CONNECTION WITH ANY USE OF OUR PRODUCTS. 

 

ALL DISCLAIMERS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT MOUNTAINDOGCHEWS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER USER OR THIRD PARTIES AND THAT RISK OF INJURY OR DAMAGE FROM ANY AND ALL OF THE FOREGOING RESTS ENTIRELY WITH YOU.

 

IN NO EVENT SHALL MOUNTAINDOGCHEWS, OR ANY AUTHORIZED PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR ANY CONTENT THEREOF, INCLUDING ANY CONTENT OF THE EXTENDED SITES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY USE OF, OR INABILITY TO USE, THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE AND ANY EXTENDED SITES.

 

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MOUNTAINDOGCHEWS, NOR ANY OF ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE OR ANY EXTENDED SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

 

MOUNTAINDOGCHEWS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER OR AN UNAUTHORIZED USER MAY POST ON THE SITE OR ANY EXTENDED SITES.  ANY CONTENT THAT IS POSTED OR UPLOADED OR TRANSMITTED TO US THAT IS OR MAY BE DEEMED UNSUITABLE OR UNDESIRABLE BY US, IN OUR SOLE AND ABSOLUTE DISCRETION, CAN AND MAY BE TAKEN DOWN BY MOUNTAINDOGCHEWS. MOREOVER, WITHOUT LIMITING ANY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT MOUNTAINDOGCHEWS SHALL HAVE THE ABSOLUTE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT, IN OUR SOLE AND ABSOLUTE DISCRETION.

 

 

INDEMNIFICATION

 

You hereby agree to defend, indemnify and hold harmless MountainDogChews and its members, owners, managers, officers, employees and agents from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including attorneys' fees, of any kind or nature incurred by us arising out of or relating to your use of the Site and/or any Extended Sites and/or your purchase or use of any MountainDogChews product and/or resulting from any violation of these Terms of Use, including, without limitation, any activity related to your Site account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account or hardware.

 

 

TERMINATION

 

MountainDogChews may terminate this Agreement at any time. Without limiting the foregoing, MountainDogChews shall have the right to immediately terminate any of your accounts in the event of any conduct by you which we, in our sole and absolute discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement.  NOTWITHSTANDING THE FOREGOING,  PROVISIONS HEREIN RELATING TO INTELLECTUAL PROPERTY, LIMITATION OF LIABILITY AND DISCLAIMERS OF WARRANTY, INDEMNIFICATION, GOVERNING LAW AND MISCELLANEOUS SHALL SURVIVE ANY TERMINATION.

 

 

GOVERNING LAW

 

Your use of the Site, and this Agreement, shall be governed in all respects by and in accordance with the laws of the State of Idaho, U.S.A., without regard to any conflicts of laws principles thereof, and not by the 1980 U.N. Convention on contracts for the international sale of goods, or otherwise. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to your purchase of MountainDogChews products), or this Agreement, or the performance, breach or termination thereof, shall be in the state courts located nearest Terreton, Idaho or the federal courts located in the District of Idaho. You hereby waive any claim or defense that such forum in not convenient or proper.  You acknowledge and agree that any cause of action or claim you may have with respect to the Site (including but not limited to your purchase of MountainDogChews products) must be commenced by you within six (6) months after the claim or cause of action arose, or be forever barred.

 

 

MISCELLANEOUS

 

This Agreement (including all policies incorporated herein by reference thereto) constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect; provided, that if any provision in this Agreement is invalid or unenforceable under applicable law, the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The failure of any party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder or under applicable law.

 

 

CONTACTING US

 

We can be reached as follows:  Mountain Dog Chews, 1240 E 1500 N, Terreton, ID 83450-5136; email: concierge@mountaindogchews.com; phone: 888-874-0047.

 

 

LAST REVISED 02/18/2016