Dog Trunk - Terms of Use

Effective Date: January 1, 2018

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

These Terms of Use ("Terms") govern your use any website where this Privacy Policy is posted (each a "Site") or any mobile application (each an "App") that are operated by Dog Trunk Inc. or any of its divisions or affiliates (collectively, "Dog Trunk", "we" and us"). The Sites and Apps are collectively referred to in these Terms as a "Services." By using the Services, you agree, without limitation or qualification, to be bound by these Terms and the Dog Trunk Privacy Policy, which is incorporated herein by reference. If you do not accept, please do not use the Services.

Company may revise these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, copyright laws and international treaties.

The terms "you," "your," "user," and "users," as used herein, refer to all individuals and/or entities accessing the Services for any reason.

1. Eligibility and Use

You must be 18 years of age or older to visit or use the Services in any manner. By visiting or using the Services or accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

Dog Trunk provides you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone accessing it using your login information.

2. Use Restrictions

The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Dog Trunk’s licensors, and other materials ("Contents") is protected by copyright under both United States and foreign laws. Title to the Contents remains with Dog Trunk. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by Dog Trunk that replace and/or supplement the original Site or App, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Dog Trunk's written permission, "mirror" any Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

3. Copyright and Trademarks

The Services, and all content available through the Services, is protected by copyright. Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without Dog Trunk's prior written consent. Any such use of the Service’s content for any purpose not authorized under these Terms is a violation of the copyrights of Dog Trunk (or other entities where so indicated).

Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from  in advance. Any such request should be submitted via an email to support@dogtrunk.com. The use of the Services, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to Dog Trunk or its licensors.

All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to Dog Trunk or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Dog Trunk or the appropriate owner thereof.

4. User Submissions

The personal information you submit to Dog Trunk is governed by the Dog Trunk Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Dog Trunk does not claim ownership of any information or material a user provides to Dog Trunk or posts, uploads, input, submits, or transmits to the Services ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Dog Trunk, exposes Dog Trunk or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Dog Trunk. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— Dog Trunk a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Dog Trunk is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Dog Trunk is not responsible for the consequences of any Submission. Dog trunk is not responsible for screening or monitoring Submissions made to the Services by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Dog Trunk may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Dog Trunk will have no liability or responsibility to users for performance or nonperformance of such activities.

Dog Trunk reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Services upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms of Use.

5. Unsolicited Ideas

Dog Trunk’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to the Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to Dog Trunk through the Services or otherwise shall be the property of Dog Trunk, and may be treated by Dog Trunk as non-confidential and non-proprietary.

Except as expressly provided in our Privacy Policy, you give Dog Trunk an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Dog Trunk has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Services.

6. Promotions

Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

7. Colors

While Dog Trunk strives to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.

8. Terms of Sale

We reserve the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Services for private and domestic purposes.

We expressly prohibit purchases for resale and/or reselling any Dog Trunk product as part of any business (including any online business) unless agreed in writing by Dog Trunk.

9. Pet Pharmacy/Health Content.

All content available in any pet pharmacy portion of the Services, or in any other health portion of the Services, is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Services. Dog Trunk does not represent or guarantee that such information is accurate, complete, or timely.

10. Indemnity

You hereby agree to defend, indemnify, and hold Dog Trunk and our affiliates, and our respective officers, directors, employees, agents, information providers licensors and licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

11. Your Account

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Dog Trunk reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

12. Contact with Third Parties and Third Party Websites

The Services may contain hyperlinks to other websites and webpages ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Dog Trunk shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Dog Trunk makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

13. Notice and Take Down Procedures

The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under Canadian Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may notify us in accordance with our DMCA process accessible here.

14. Changes to these Terms

We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.

15. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Dog Trunk on the Services, these Terms of Use, including the Dog Trunk Privacy Policy, constitute the entire agreement between you and Dog Trunk with respect to the use of the Services and Contents.