TERMS OF SERVICE
Welcome to the Dog’s Best Trend website (the “Site”) operated by Dog’s Best Trend Ltd. (“DBT,” “we,” “our” or “us”). Please read the following terms of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access the Site or make purchase through the Site or any other means, such as mobile applications .
For purposes of these Terms, “you” and “your” mean either you, individually as a natural person, or, if applicable, the entity on whose behalf you are accessing the Site .
BY ACCESSING OR USING ANY PART OF THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SECTION B BELOW, WHICH APPLIES TO ALL USERS OF THE SITE, INCLUDING CASUAL VISITORS TO THE SITE. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON THE SITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN SECTION A, IN ADDITION TO THE TERMS OF SECTIONS B.
SECTION A. TERMS APPLICABLE TO REGISTERED USERS OF THE SITE
1. Registration. If you are a natural person, you represent and warrant that you are of legal age to form a binding contract. If you are using the Site on behalf of an entity, you represent and warrant that you have full power and authority to do so and to bind such entity to these Terms. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information 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 (or any portion thereof). If you do not meet or qualify for the requirements set forth in this paragraph, please do not register for or use the Site .
2. License. DBT grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site. This license is exclusive to you and you may not sublicense the use of the Site. DBT expressly retains all ownership rights, title and interest in and to all aspects of the Site and any software made available in connection therewith, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.
3. Password. You may create a password and account designation upon completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DBT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DBT may require you to change or update your username or password to prevent unauthorized use of your account.
5. Submissions. While DBT does not and cannot review all material on the Site, and is not responsible for its content, DBT reserves the right to remove, delete, move, or edit any Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.
6.1 General. There are two types of purchases you can make through the Website (‘Purchase”): (1) a one-time purchase of a particular item (“Single Purchase”); and (2) a subscription for you, or a person designated by you, to receive a specified number of items per month until you cancel the subscription (“Subscription”). For Single Purchases, you select the item you will receive. For Subscriptions, the items you receive will be selected by us in our sole discretion. When making a Purchase, you can have the items sent to you or designate a person other than yourself to receive the socks (“Designated Recipient”). All Purchases are final and no returns will be accepted by DBT.
6.2 Subscriptions. If you purchase a Subscription, you will be charged (“Initial Payment”) the amount displayed at the time of checkout for the first order in the Subscription (‘Subscription Cost”). Thereafter, your Credit Card will be charged the Subscription Cost every month until you cancel the Subscription as set forth below (“Renewal Payment”). Depending on the billing option chosen by you at registration, the Renewal Payment will be Charged to your Credit Card on either (a) the 7th day of each month or (b) the same day of the month as the Initial Payment was made for every month during the Subscription (“Renewal Payment Day”). For Customers billed in accordance with section (b) of the preceding sentence, for months with less than 31 days, If the Initial Payment was on the 29th, 30th, or 31st day of the month, the Renewal Payment will be moved up to the last day of that month. By way of example, if the Initial Payment is charged on January 31, the next Renewal Payment would be charged on February 29th (“Adjusted Renewal Payment”). If at any time the Subscription the Renewal Payment cannot be charged to your Credit Card because your Credit Card has expired, is suspended, or other reason related to your Credit Card or Credit Card provider, DBT reserves the right in its sole discretion to terminate or suspend your Subscription or to charge your Credit Card later for the previous Renewal Payments which could not be charged once the issues with your Credit Card have been resolved or you have submitted a new valid Credit Card. If the Renewal Payment cannot be charged to your Credit Card due to a technical issue or error by DBT, DBT’s payment processor, or other reason outside the control of DBT, DBT may charge your Credit Card later for the previous Renewal Payment which could not be charged during the relevant month.
6.3 Cancellation of Subscriptions. In order to cancel a Subscription and no longer make a Renewal Payment (“Cancel”), you must either (1) click on the “Cancel” link in the confirmation email (“Confirmation Email”) that was sent to you after you completed your Purchase or that is sent to you after each Renewal Payment (“Click Cancellation”); or (2) notify DBT via email at [email protected] that you want to cancel your Subscription (“Email Cancellation”). In order to be effective, an Email Cancellation must include the email address for the Subscription, name of the person paying for the subscription, name of the person receiving the subscription, and the address where the items for the Subscription are sent (Click Cancellation and Email Cancellation collectively, “Cancellation”). Cancellation will be effective the following month so long as the Cancellation is received by DBT by 11:59:59pm MST two days prior to the Renewal Payment or adjusted Renewal Payment date as the case may be (“Cancellation Deadline”). If Cancellation is not received by DBT by the Cancellation Deadline, then Cancellation will be effective the following month. By way of example, if the Renewal Payment Day is the 15th of the month and Cancellation is received by DBT on March 12 at 11:49pm CST, there would be no further Renewal Payments charged. However, if the Cancellation was received on March 13 at 12:01am, Cancellation would be effective the following month and the last Renewal Payment would be charged on March 15.
7. Pricing and Payment. Prices for specific items or Subscriptions are posted on the Site. Prices are subject to change at any time and, once such changes are posted on the Site, will become effective at the beginning of the next billing cycle. You agree that DBT reserves the right to process your payment directly or through such other payment processing service as indicated on the Site. DBT is not responsible for any charges or expenses (e.g., for overdrawn accounts, etc.) resulting from charges billed by DBT. All charges and fees paid are non-refundable unless otherwise agreed in advance in writing by DBT. DBT’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on DBT’s income.
8. Indemnification. You agree to defend, indemnify and hold harmless DBT, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of our website, including, but not limited to, any use of our website's content, services and products other than as expressly authorized in these terms or your use of any information obtained from our website.
9. Third Party Content and Software and Linking. Although we may make software, hyperlinks, third party Content and other products of third-party companies available to you, your use of such third party Content or products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such Content or products, and the agreement for your use will be between you and such third party, unless otherwise expressly set forth on the Site. DBT makes no warranty with regard to the Content, products or website of any other entity. DBT has no control over the Content or availability of any third-party Content, software or website. In particular, (a) DBT makes no warranty that any third-party Content, software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) DBT notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
10. Monitoring of Content. You acknowledge, consent and agree that DBT may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DBT, its users or the public.
11. Suspension and Termination of Access and Membership. DBT reserves the right to suspend or terminate your account and use of the Site, at any time, without notice, for the following reasons:
(a) breach of these Terms, including policies or guidelines set forth by DBT;
(b) conduct that DBT believes is harmful to other users of the s or the business of DBT or other third parties; or
(c) DBT discontinues access to the Site(temporarily or permanently) to its customers.
13. Disclaimer of Warranty. THE PRODUCTS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, DBT MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE PRODUCTS WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. DBT MAKES NO WARRANTY REGARDING ANY CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY DBT, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, DBT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DBT OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SECTION B. TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF THE SITE
1. Availability. DBT uses reasonable efforts to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when access to the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of DBT. DBT will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of DBT. You agree that DBT shall not be liable to you for any modification, suspension or discontinuance of the . YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to the Site and acknowledge that such access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements (if any). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. Trademarks. All brand, product and service names used on the Sitewhich identify DBT are proprietary marks of DBT. All brand, product and service names used on the Site which identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of DBT or any third party with respect to any such image, logo or name.
3. External Links. From time to time DBT may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. DBT does not endorse or take responsibility for the content on other website or the availability of other website and you agree that DBT is not liable for any loss or damage that you may suffer by using other websites.
4. Rules of Conduct.
4.1 The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not distribute any submission that:
(a) contains any threatening, harassing, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
(b) contains any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;
(c) contains any material sent from an anonymous or false address; or
(d) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site.
4.2 You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Site, which include, without limitation, use of the Site to:
(b) create user accounts by automated means or under fraudulent or false pretenses;
(c) create or transmit unsolicited electronic communications (including spam);
(d) submit false or misleading information; or
4.3 We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Under no circumstances shall DBT be liable for the acts or omissions of any user.
5. Copyright, Other Proprietary and Privacy Protection for Content on the Site. The information, Content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that DBT is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights, except as may be expressly set forth on the Site. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. DBT has the absolute right to terminate your account or exclude you from the Site if you use our Site to violate the intellectual property rights or other rights of third parties.
6. Claims of Copyright Infringement. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
7. Limitation of Liability.
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DBT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF DBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, FROM ANY CHANGES TO THE SITE, OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
7.2 YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND DBT IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS PROVIDED IN CONNECTION WITH THE SITE. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
7.3 IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL DBT HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE TOTAL LIABILITY OF DBT TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE ONE (1) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IT IS THE INTENTION OF YOU AND DBT THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
8. Dispute Resolution and Binding Arbitration. YOU AND DBT ARE AGREEING TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. (d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DBT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
9.1 Applicable Law and Jurisdiction. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
9.2 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and DBT as a result of these Terms or use of the Site.
9.3 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
9.4 Force Majeure. Each party will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, Internet or telecommunication disruptions, failure of licensors or suppliers, material shortages or any other cause which is beyond its reasonable control.
9.5 Waiver. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.
9.6 Entire Agreement and Severability. These Terms constitute the entire agreement between you and DBT and govern your use of the Site, superseding any prior agreements between you and DBT. The failure of DBT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision shall be deemed secerable and shall not affect the validity and enforceability of any other provision of these Terms which shall remain in full force and effect. In the case of inconsistencies between these Terms and any other information presented to you regarding the Site (e.g., promotional materials and mailers), these Terms will always govern and take precedence. DBT rejects the inclusion of any terms contained in any purchase order or other such ordering document provided by you, and such terms shall be deemed null and void.
9.7 Amendment of Terms. We reserve the right to make changes to our site, policies and these Conditions of Use from time to time without notice. Your continued use of the Site constitutes acceptance of and the intent to be bound by any amendments, additions, or modifications to these Terms.
9.8 Contact. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: [email protected]
By Postal Mail: P.O. Box 412, Castle Rock, CO 80104