Terms & Conditions of Use
Company may revise these Terms and Conditions of Use 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, United States copyright laws and international treaties. By using this Site, uploading User Submissions, or purchasing, any products, you agree to comply with and be bound by the following Terms and Conditions of Use that govern your use of the Site and your relationship with K9s For Camo. If you do not agree to these Terms and Conditions of Use, do not access this Site. Your use of this Site constitutes your acceptance of these Terms and Conditions of Use. The terms “us,” “we,” and “our” in these Terms and Conditions of Use refer to K9s For Camo. The terms “you” and “your” refer to the user or viewer of this Site.
Except as provided under Submission of Ideas (below), K9s For Camo does not claim ownership of any information or material a user provides to K9s For Camo 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 K9s For Camo, exposes K9s For Camo 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 K9s For Camo. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— K9s For Camo 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, K9s For Camo 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. K9s For Camo is not responsible for the consequences of any Submission. K9s For Camo 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 and Conditions of Use, K9s For Camo may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. K9s For Camo will have no liability or responsibility to users for performance or nonperformance of such activities.
K9s For Camo 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 and Conditions 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 and Conditions of Use; (d) terminate a user’s access to any or all parts of the Services upon any breach of these Terms and Conditions 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 and Conditions of Use.
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 and Conditions of Use, you represent and warrant to K9s For Camo 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 and Conditions of Use.
K9s For Camo provides you with access to and use of the Services subject to your compliance with the Terms and Conditions of Use. You also represent and warrant to K9s For Camo 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.
This Site and the Materials displayed on or contained within this Site are the property of K9s For Camo or its licensors and are protected by copyright, trademark, and other intellectual property rights, laws and treaties. You are strictly prohibited from copying, distributing, using, or publishing any portion of this Site or the Materials except as authorized in these Terms and Conditions of Use.
REPRESENTATIONS AND WARRANTIES
By uploading User Content, you represent and warrant that with respect to all User Content that you upload, (a) you have all the rights and licenses necessary to use, reproduce, publish, distribute, or otherwise exploit such User Content in connection with the Services and to grant to K9s For Camo the licenses set forth in these Terms and Conditions of Use; (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; (c) the User Content will not violate the right to privacy of any third party or any third party’s right to protect, control, and authorize the use of his or her image, including images that appear on images of any third party; and (d) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate his or her name and/or likeness through the User Content for purposes of obtaining the Services and to grant K9s For Camo the licenses set forth in these Terms and Conditions of Use.
RESTRICTIONS ON USE
You agree not to remove, alter, or change any copyright notice or other proprietary notice contained in the Site, the Materials, or Products. You agree not to remove, decompile, disassemble, or reverse engineer any Site software or disassemble, decompile, reverse engineer, modify, or otherwise reduce any computer file in which the Materials and Products are stored to a human-readable form. You agree not to or attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling, or copy protection technology in which the Materials and Products are contained. You further agree not to use the Site, Materials, or Products in any manner that violates applicable state, federal, or international law or the intellectual property or other rights of K9s For Camo or any third parties. Unauthorized use of the Site, Materials, or Products may subject you to civil liability, damages, claims, and/or criminal penalties.
TRADEMARKS AND SERVICE MARKS
“K9s For Camo” and other names, terms, symbols, logos, and designs appearing in the Site, Materials, or Products are the trademarks, service marks, and trade names of K9s For Camo (the “Marks”). You are not granted any license or right to use any of the Marks except as authorized in these Terms and Conditions of Use.
You must register with the Site and create an account in order to purchase Products from K9s For Camo or use certain areas of the Site. You must agree to these Terms and Conditions of Use in order to register and create an account, and your registration constitutes your acceptance of these Terms and Conditions of Use. You agree that any registration information that you provide to us will be accurate, current, and complete information about yourself, and you agree to maintain and update such information in order to keep it current at all times. An account may be used by, and access to the Site shall be granted through the account to, only the registered user and no account may be used by multiple users. You are solely responsible for the management of your account and your password, and you are responsible for any fees or charges for our Services that are incurred through or in connection with your account. K9s For Camo shall not be responsible for questioning, challenging, or informing you of any use of your account or password and shall not be liable for any unauthorized use of your account or password.
PRODUCTS AND SERVICES
If you request our Services electronically through our Site, your right to Services and Products is conditioned upon your payment of the applicable fee plus any ancillary charges and applicable taxes (collectively the “Fee”). In order for us to provide the Services and the Products, you must provide K9s For Camo with your credit card or check card information (“Card”) for payment of the Fee. By submitting the User Content for the Services, you authorize K9s For Camo or its agent to charge your Card the applicable Fee. You are solely responsible for any Fees charged to your Card, as well as any overdraft fees, insufficient funds fees, and credit limit fees that you may incur from a financial institution.
DESTRUCTION OF USER CONTENT
In order to assist with maintaining patient or third-party privacy, all User Content submitted to K9s For Camo shall be destroyed ninety (90) days after the Products are delivered to you unless you have made other prior arrangements with K9s For Camo in writing and have paid any required additional Fee.
For a period of ninety (90) days after the Products are delivered to you, K9s For Camo warrants that the Products will be accurate representations made from the User Content submitted to K9s For Camo. You must notify K9s For Camo in writing within ninety (90) days from the date you receive the Products of any issues, asserted nonconformity, or requested changes. Your sole and exclusive remedy and K9s For Camo’s sole and entire liability for breach of this limited warranty is replacement of any nonconforming Product.
In using this Site, you agree not to post or transmit to or from the Site or to another Site user any unlawful, threatening, abusive, false, misrepresentative, or obscene information or material, unauthorized advertising or promotions, or unsolicited mass communications. You further agree not to transmit or attempt to transmit any viruses or other harmful files, codes, or programs, disrupt or attempt to disrupt the functionality of the Site or other users’ ability to use the Site, penetrate or attempt to penetrate security measures of the Site, or access or attempt to access the accounts of other Site users without authorization.
THIRD-PARTY PRODUCTS, SERVICES, AND WEBSITES
This Site may mention third-party products and services or contain links to third-party websites. K9s For Camo makes no recommendations or endorsements about such products, services, and websites. Any content contained on such third-party websites is solely the content of the website owner, and K9s For Camo does not endorse or assume liability for such content.
ORDERS AND ACCEPTANCE
Please note that sometimes there may be certain orders K9s For Camo is unable to accept. K9s For Camo hereby reserves the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, K9s For Camo may require additional information and identification before accepting an order. K9s For Camo will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, K9s For Camo will issue a credit to your credit card in the amount of the charge.
PRICING AND CONTENT INFORMATION
K9s For Camo strives to provide our customers with accurate information, nevertheless, sometimes pricing or typographical errors may occur. K9s For Camo cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, K9s For Camo reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.
In the event that an item is mispriced, K9s For Camo may, in our sole discretion:
If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, K9s For Camo will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Prices subject to change without notice.
THIS SITE, THE MATERIALS, AND THE PRODUCTS ARE PROVIDED “AS IS” AND ON AN “AS-AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED HEREIN, K9S FOR CAMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, AND ACCURACY, COMPLETENESS, AND CURRENCY OF INFORMATION. EXCEPT AS OTHERWISE PROVIDED HEREIN, WE MAKE NO WARRANTIES THAT THE SITE, THE MATERIALS, AND THE PRODUCTS WILL BE FREE OF BUGS, ERRORS, AND PROBLEMS OR THAT WE WILL CORRECT ANY DEFECTS. NO ORAL OR WRITTEN ADVICE OR INFORMATION THAT YOU OBTAIN FROM US, EXCEPT AS OTHERWISE SET FORTH HEREIN, SHALL CREATE A WARRANTY OR REPRESENTATION. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
K9s For Camo SHALL HAVE NO LIABILITY IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY MATERIALS OR PRODUCTS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND EVEN IF K9S FOR CAMO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless K9s For Camo and its shareholders, members, directors, officers, employees, agents, licensees, representatives, affiliates, successors, and assigns from and against all actions, causes of action, suits, sums of money, controversies, damages, judgments, executions, claims, and demands whatsoever, in law or in equity, including but not limited to claims of copyright infringement, trademark infringement, trademark dilution, unfair competition, invasion of privacy, misappropriation of image, and negligence (including K9s For Camo’s own negligence) under federal or state law, and all costs and expenses (including attorneys’ fees) in connection therewith, arising out of or in any way related to (a) your breach of these Terms and Conditions of Use and (b) your use of the Site, Materials, and Products.
AMENDMENTS AND MODIFICATIONS
These Terms and Conditions of Use shall be effective until terminated by K9s For Camo. We reserve the right to terminate these Terms and Conditions of Use and/or your right to use this Site at any item in our sole discretion. Your and our liability or responsibility under these Terms and Conditions of Use shall survive (a) the termination of these Terms and Conditions of Use and (b) the termination, for any reason, of your right to use the Site. Your or our liability or responsibility arising under these Terms and Conditions prior to their amendment or modification shall survive such amendment or modification.
These Terms and Conditions of Use and your and our rights and privileges with respect to the Services and the Products shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its conflict of law provisions, and the United States of America. Any dispute under or in connection with these Terms and Conditions of Use or your use of the Site shall be subject to, and you hereby submit to, the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within Greene County, Missouri. In the event K9s For Camo brings any action at law or in equity against you to enforce any of the terms hereof and prevails, you agree to pay to K9s For Camo all costs, fees, and expenses, including reasonable attorneys’ fees, incurred by K9s For Camo in connection with such action.
ENFORCEMENT AND WAIVER
The failure in one or more instances of K9s For Camo to insist upon performance of any of the terms, conditions, and covenants set forth in these Terms and Conditions of Use, or the failure of K9s For Camo to exercise any right or privilege conferred herein, shall not be construed thereafter as waiving its right to insist upon the performance of such terms, conditions, and covenants or the right to exercise such rights and privileges, which rights shall continue and remain in full force and effect as if no forbearance had occurred.
You may not assign or transfer your rights or obligations under these Terms and Conditions of Use without the prior written consent of K9s For Camo. Any attempted assignment or transfer without such prior written consent from K9s For Camo shall be null and void. These Terms and Conditions of Use shall be binding on, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns.
These Terms and Conditions of Use constitute the entire agreement between you and K9s For Camo with regard to the matters set forth herein and supersede all prior representations, understandings, and agreements, oral or written. The subject headings of these Terms and Conditions of Use are included for the purpose of convenience only and shall not affect the construction or interpretation of any of its provisions. If any provision of these Terms and Conditions of Use is adjudged by any court of law to be void or unenforceable, in whole or in part, such adjudication shall not be deemed to affect the validity of the remainder of the Terms and Conditions of Use, including any other provision, paragraph, or subparagraph. Each provision, paragraph, and subparagraph of these Terms and Conditions of Use is separable from every other provision, paragraph, and subparagraph and constitutes a separate and distinct covenant.
Last modified July 15th, 2019.