PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.
Indestructible Dog LLC ("Indestructible Dog,” “we,” “us” or “our”) provides www.IndestructibleDog.com (collectively, with the Information (as defined below), the “Site”) and Services (as defined below), subject to your agreement to abide by the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Indestructible Dog and you, our Site visitor (“you” or “your”), with respect to your use of the Site and your purchase of any Services from the Site. By visiting or using the Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement.
The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only. The Information is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Indestructible Dog does not recommend or endorse any specific veterinarians, products, tests, procedures, opinions or other information that may be mentioned on the Site.
Always seek the advice of a qualified veterinary professional with any questions you may have regarding an animal’s medical condition. Do not disregard professional veterinary advice or delay in seeking it because of Information on the Site. Reliance on any Information is solely at your own risk.
1. Changes and Updates to These Terms and Conditions
a) change the terms and conditions of this Agreement;
b) change any prices, fees and charges associated with the Site, Information or Services;
c) change the Site, including eliminating or discontinuing any Information or Services or other feature of the Site; or
d) deny or terminate your use of and/or access to the Site.
Any changes Indestructible Dog makes will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s).
2. Products, Services and Information Provided
Any products and services made available on, by or through the Site (collectively, the “Services”), as well as any Information, are provided for personal, non-commercial purposes only. You acknowledge and agree that the Information and Services are owned by Indestructible Dog, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Indestructible Dog and/or its licensors and/or suppliers. You should be aware that the Information and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you). The Information is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment.
3. Limited Use of Information and Services
The downloading, printing and other use of the Information, and the provision of Services to you, is conditioned on your acceptance of any license agreement and/or other additional terms and conditions that are presented or provided in connection with any such Information or Services. By acquiring or using such Information or Services, you agree to such terms and conditions. You may print or download a reasonable number of copies of any graphic or textual Information owned by Indestructible Dog available for downloading on the Site. You may not download, copy or use any of the Information except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Information without the prior written consent of Indestructible Dog or its licensors or suppliers. You shall take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information and will advise Indestructible Dog promptly of any such unauthorized use(s). You acknowledge and agree that Indestructible Dog reserves the right to, and may, retain or delete the Information at any time, in its sole discretion.
4. Creating Accounts
4.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at support [at] IndestructibleDog.com.
5. Third Party Links
6. Code of Conduct
You agree not to:
6.1. engage in spamming or phishing attacks;
6.2. transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
6.3. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
6.4. express or imply that any statements you make are endorsed by us, without our prior written consent;
6.5. upload any Idea (as defined below) that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;
6.6. remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Site or Services;
6.7. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
6.8. use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
6.9. “frame” or “mirror” any part of the Site without our prior written authorization;
6.10. use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
6.11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Idea; and/or
6.12. harvest or collect information about Site visitors or members without their express consent.
When using the Site, Information or Services, you agree to comply with all applicable laws, rules and regulations.
7.2. You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the Site are quoted in U.S. dollars. Payments must be made using a valid credit card. Credit card payments are processed on behalf of Indestructible Dog by a third party vendor.
7.3 Despite our best efforts, a small number of the items in our Site or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following: (a) if an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
7.4. Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any product or service are subject to change without notice.
7.5. Once you have completed your purchase, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include your order number. All order fulfillment e-mails will contain a contact e-mail address at IndestructibleDog.com which you should use to contact Indestructible Dog if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is support [at] IndestructibleDog.com.
7.6. Subject to applicable law, shipping, return and exchange of any product or service purchased from the Site will be governed by Indestructible Dog’s Shipping and Return policies, which can be found at here. We reserve the right, without prior notification, to change our Shipping and Return policies at any time.
8. Ownership and Restrictions
8.1 The Site is owned and operated by Indestructible Dog in conjunction with others pursuant to contractual arrangements, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Indestructible Dog and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site or any Service or Information without our prior written permission. The Information, Site and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Indestructible Dog or, if so indicated in writing by Indestructible Dog, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information.
8.2 The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Indestructible Dog, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Indestructible Dog, our licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.
9. User Content
By sharing photos on Instagram, Twitter, Facebook with the hashtag #mydogistough or #indestructibledog, directly uploading photos to IndestructibleDog.com, or by responding to Indestructible Dog's photo rights request with the hashtag #mydogistough, you are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos.
You grant permission to Indestructible Dog a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Indestructible Dog marketing purposes, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing. Indestructible Dog may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Indestructible Dog. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right to give Indestructible Dog the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Indestructible Dog may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.
10. Copyright Infringement Claims
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Indestructible Dog has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Indestructible Dog LLC
Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should Be Sent:
6617-B Fleetwood Drive, Raleigh, NC 27612
Telephone Number of Designated Agent:
E-mail Address of Designated Agent:
support [at] IndestructibleDog.com
11. Rules for Sweepstakes, Contests and Games
12. Ideas and Postings
12.1 Indestructible Dog cannot accept or consider creative ideas, suggestions, or materials, such as original artwork or ideas for characters, stories, products or games (collectively, “Ideas”) other than those we specifically request. If, despite our request that you not send such materials, you do send us Ideas, none of the Ideas will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Ideas. By submitting, sending, posting, displaying, performing and/or otherwise distributing Ideas to Indestructible Dog, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Ideas in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Ideas, and waive all moral rights (including any rights to attribution) that you may have in such Ideas. You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Idea(s).
12.2 You acknowledge and agree that other persons, including Indestructible Dog employees and contractors along with others who have or will make Ideas, may have submitted or may submit in the future Ideas that are similar to the Ideas submitted by you. You acknowledge and agree that you will not receive any compensation because of Indestructible Dog’s use of other similar Ideas. You agree that no confidential or fiduciary relationship is established between you and Indestructible Dog as a result of your submission of the Idea. Indestructible Dog has no obligation to use or distribute your Ideas. You also acknowledge and agree that, with respect to any portion of any of your Ideas that are not protectable, submission of the Ideas shall not be deemed to place Indestructible Dog in any different position than members of the general public.
12.3 You represent and warrant to Indestructible Dog that (a) the Ideas do not and will not infringe any rights of any third party(ies), and that the Ideas do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Ideas have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Ideas.
12.4 We have no obligation to monitor the Site or any Ideas, postings or other materials that you or other third parties transmit or post on the Site. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the materials you transmit or post; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in materials on the Site are not necessarily those of Saniro.com or its affiliates, and Indestructible Dog makes no representations or warranties regarding such posted materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Indestructible Dog rights of ownership shall survive any termination.
14.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) INDESTRUCTIBLE DOG AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “INDESTRUCTIBLE DOG’S REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. INDESTRUCTIBLE DOG AND INDESTRUCTIBLE DOG’S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF INDESTRUCTIBLE DOG OR ANY OF INDESTRUCTIBLE DOG’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
14.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.
14.3 INDESTRUCTIBLE DOG AND INDESTRUCTIBLE DOG’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, SERVICES AND/OR INFORMATION. INDESTRUCTIBLE DOG AND INDESTRUCTIBLE DOG’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.
14.4 THROUGH YOUR USE OF THE SITE, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. INDESTRUCTIBLE DOG REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
15. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER INDESTRUCTIBLE DOG NOR ANY OF INDESTRUCTIBLE DOG’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. INDESTRUCTIBLE DOG’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully indemnify, defend and hold Indestructible Dog, any of Indestructible Dog’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Ideas or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
17. Jurisdictional Issues
This site is administered by Indestructible Dog from its offices in Raleigh, NC 27612 U.S.A. or elsewhere in the United States. Indestructible Dog makes no representation that the Information, Site and Services at this site are appropriate or available for use outside the United States, and access to the Information, Site and Services from jurisdictions in which the contents of the Information, Site and Services are illegal is prohibited. You may not use, export or re-export the Information and Services at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
18. Ability To Contract
You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
19. Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at:
Indestructible Dog LLC
6617-B Fleetwood Drive
Raleigh, NC 27612
Or email at: support [at] IndestructibleDog.com