Terms of service

TERMS OF SERVICE AND USE

Greeting

A very warm welcome to Dogs Of Town, a custom dog neckwear company. More information about our website can be found at the Privacy Policy.

Date of Most Current Version – July 1, 2024

By accessing and using our website located at www.dogsoftown.com, you signify that you have read, understand, and agree to be bound by this Terms of Service and Use.

Due to the nature of the Internet and the offerings provided on our website, we reserve on a continuing basis the right, at our sole discretion, to change, modify, add, or delete portions of this Terms of Service and Use at any time. If we do this, we shall both post the changed version of this Terms of Service and Use on this page. Whether or not you review the changed, your continued use of our website after the date any such changes become effective constitutes your unqualified acceptance of the changed Terms of Service and Use. If you do not agree to abide by this Terms of Service and Use or any future changes to them, do not use or access our website.

PLEASE READ THIS TERMS OF SERVICE AND USE CAREFULLY FOR THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE VARIOUS DISCLAIMERS, INDEMNIFICATIONS, LIMITATIONS OF LIABILITY, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND GOVERNING LAW AND VENUE CLAUSE ALL OF WHICH HAVE A BEARING ON YOUR USER RELATIONSHIP WITH OUR WEBSITE.

Eligibility for Use of Our Website

Acceptable Use Policies for Users of Our Website

You agree not to use our website to:

  • make such use in any unlawful manner or in any manner that could damage, disable, overburden, or impair our website;
  • use automated scripts to collect information from or otherwise interact with our website;
  • impersonate any person or entity or falsely state or otherwise misrepresent yourself or your age;
  • upload, post, transmit, share, store, or otherwise make available any content, information, and/or materials that are deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
  • upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  • upload, post, transmit, share, or otherwise make publicly available any content, information, and/or materials of any person or entity other than you, including, but not limited to, addresses, telephone numbers, E-Mail addresses, Social Security numbers, and credit card numbers;
  • upload, post, transmit, share, or otherwise make available any content, information, and/or materials that contain software viruses or any other computer code, Trojan horses, time bombs, and/or files or programs designed to interrupt, destroy, harm, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • upload, post, transmit, share, or otherwise make available any content, information, and/or materials that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any third party, or that would otherwise create liability by reason of a violation of any local, state, national, or international statute, regulation, or ordinance; and
  • upload, post, transmit, share, or otherwise make available any content, information, and/or materials that, in the sole judgment of Dogs Of Town, is objectionable or that may expose Dogs Of Town, any of our officers, directors, employees, agents, licensors, and/or any of our users to any harm or liability of any type.

You further agree that:

  • you are solely responsible for the content, information, and/or materials that you upload, post, publish, display, and/or download through our website, or transmit to or share with others;
  • you may not upload, post, display, transmit to or share with others content, information, and/or materials on or through our website as your own, that you did not create;
  • Dogs Of Town may, but is not obligated to, review the content, information, and/or materials uploaded and stored on our website and delete or remove (without notice to you) any of that content, information, and/or materials that in our sole judgment violates this Terms of Service and Use, that might be offensive or illegal, or that might violate the rights, harm, or threaten the safety and/or liability of users or third parties;
  • you are solely responsible, at your sole cost and expense, for creating backup copies and replacing any content, information, and/or materials you upload or store on our website;
  • you represent and warrant that none of nor any part of the content, information, and/or materials uploaded, posted, published, displayed, transmitted, or shared by you on or through our website, whether in human readable or digital form, violates or infringes upon the rights of any third party where such rights include, but not are limited to, copyright, trademark, privacy, publicity, or other personal or proprietary rights, and that such content, information, and/or materials contain no libelous, defamatory, or unlawful content; and
  • when you upload content, information, and/or materials on or through our website, then, you grant to Dogs Of Town a non-exclusive, irrevocable, perpetual, transferable, fully paid, and worldwide license (together with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and sell, distribute, and profit from both that content, information, and/or materials and any copyrightable work originated by the user through his or her efforts alone or in collaboration with others.

Intellectual Property

Dogs Of Town content, trademarks and logos are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States.

All intellectual property rights remain the sole property of Dogs Of Town and its licensors. Dogs Of Town owns all content, data, ideas and other products and intellectual property that it develops in connection with the service and its products.

Your Submissions

By directly sending us any question, comment, suggestion, idea, feedback or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Websites and Their Content

Our website contains links to third party websites and may also include third party content such as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items that belong to or originate from third parties. These third party websites and that third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Dogs Of Town, and we are not responsible for any third party websites or that third party content accessible or available from, or installed or posted on, our website, including, but not limited to, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the such third party websites or related to that third party content. The inclusion of, linking to, or permitting the use or installation of any third party websites or downloading of any third party content does not imply any approval or any endorsement of them by Dogs Of Town. If you decide to leave our site and access any third party websites or to use or install any third party content, you agree that you do so at your own risk and you should be aware that this Terms of Service and Use no longer will govern your Internet session. Therefore, you are then strongly advised to review and understand the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from our website or relating to any third party content you use or install from a third party's website.

Privacy

Dogs Of Town cares very much about the privacy of our users. Therefore, we encourage you to review and understand our Privacy Policy.

DMCA

We respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

Notification of an Alleged Copyright Infringement

You many submit your written Notification of an Alleged Copyright Infringement to us by certified mail with return receipt request and/or email as set forth below:

Dogs Of Town

Re: Copyright Infringement
POB 681824, Franklin TN 37068 USA
email: copyright@dogsoftown.com

Operational and Warranty Disclaimers and Indemnifications of Dogs Of Town

Our website may be temporarily unavailable from time to time for maintenance, enhancement, or other reasons. Dogs Of Town assumes no responsibility for any errors, omissions, interruptions, deletions, defects, and delays in the operation of our website or for any transmission, communications line failure, or unauthorized access to or alteration of any communications by a user's communications. Further, Dogs Of Town is not and will not be responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, providers, computer or mobile phone equipment, software, failure of E-Mail on account of technical problems or traffic congestion on the Internet, at any website, or any combination of them, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using, uploading, or downloading content, information, and/or materials related to our website or to or from any other third party website on the Internet. In addition, under no circumstances will Dogs Of Town be responsible for any loss or damage (i) to any person’s use of our products or user’s materials causing injury or death; (ii) directly or indirectly resulting from any person's use of our products, website, any third party website, or third party content posted on or accessed through our website or that may transmitted to users; or (iii) arising from any interactions between users of our website, whether online or offline.

OUR WEBSITE AND THE CONTENT, INFORMATION, AND/OR MATERIALS UPLOADED AND POSTED ON IT ARE PROVIDED "AS IS", AND DOGS OF TOWN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DOGS OF TOWN CANNOT AND DOES NOT (i) GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE; (ii) REPRESENT OR WARRANT THAT THE OPERATION OF OUR WEBSITE OR THE INFORMATION AND/OR MATERIALS POSTED ON IT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR THAT OUR WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

THEREFORE, YOU ARE ADMONISHED TO EXERCISE CAUTION BY USING INDUSTRY-RECOGNIZED SOFTWARE TO DETECT, DISINFECT, AND/OR DISABLE VIRUSES AND TROJAN HORSES. WITHOUT LIMITING THAT ADMONITION, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, INFORMATION AND/OR MATERIALS FROM OUR WEBSITE OR ACCESS ANY THIRD PARTY'S WEBSITE OR THIRD PARTY'S CONTENT POSTED ON OR ACCESSED THROUGH OUR WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THEM AND ANY DAMAGES TO YOU AND/OR YOUR EQUIPMENT OF ANY TYPE, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

YOU AGREE TO INDEMNIFY AND HOLD DOGS OF TOWN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUSIVE OF REASONABLE ATTORNEYS' FEES AND COSTS INCURRED BY THEM OR EITHER OF THEM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, YOUR UPLOADING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION AND MATERIALS FROM OUR WEBSITE, YOUR ACCESSING ANY THIRD PARTY'S WEBSITE OR THIRD PARTY'S CONTENT POSTED ON OR ACCESSED THROUGH OUR WEBSITE, AND/OR ANY VIOLATION OF OR FAILURE TO FULLY COMPLY BY YOU WITH THIS TERMS OF SERVICE AND USE, ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL STATUTE, REGULATION, OR ORDINANCE, OR THE RIGHTS OF ANY THIRD PARTY.

Limitation of Liability

IN NO EVENT WILL DOGS OF TOWN OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, INCLUSIVE OF YOUR UPLOADING, DOWNLOADING, OR OTHERWISE OBTAINING CONTENT, INFORMATION AND/OR MATERIALS FROM OUR WEBSITE OR ACCESSING ANY THIRD PARTY'S WEBSITE OR THIRD PARTY'S CONTENT POSTED ON OR ACCESSED THROUGH OUR WEBSITE, EVEN IF DOGS OF TOWN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF DOGS OF TOWN TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EVER EXCEED $100.00 (USD).

SEVERAL STATES IN THE UNITED STATES AND SEVERAL FOREIGN COUNTRIES HAVE LAWS THAT, IN CERTAIN SPECIFIED CIRCUMSTANCES, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ANY OF THESE LAWS APPLY TO YOU UNDER THE SPECIFIED CIRCUMSTANCES PROVIDED BY THOSE LAWS, THEN SOME OR ALL OF THE PREVIOUSLY SET FORTH DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law, Limitation on Filing Suit, and Venue and Jurisdiction

Despite differing laws existing at diverse points of access to our website, by becoming a user of our website you agree that only the laws of the State of Tennessee, without regard to its conflict of laws rules, will (i) govern this Terms of Service and Use; and (ii) any controversy, dispute, or claim of any type or description that may arise between you, on the one hand, and Dogs Of Town, on the other hand. This Terms of Service and Use will be given a fair and reasonable construction in accordance with their respective terms and without any construction in favor of or against either you or Dogs Of Town.

Miscellaneous Conditions

Dogs Of Town reserves the right to refuse service to anyone for any reason at any time. Prices and descriptions for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products and services without notice at any time. We reserve the right to limit the quantities of any products or services that we offer.

Applicability of this Terms of Service and Use

This Terms of Service and Use collectively constitute the entire agreement between you and Dogs Of Town regarding you as a user of our website and your use of our website, and they supersede any prior agreements between you and Dogs Of Town relating to you as a user of our website and your use of our website. The failure of Dogs Of Town to exercise or enforce any right or provision of this Terms of Service and Use will not constitute a waiver of such right or provision in that or any other instance. If any provision of this Terms of Service and Use is determined to be invalid or unenforceable in any respect under the governing law set forth above, then such term or condition will be deemed modified so as to have the most nearly similar permissible economic or other effect in order to be valid and enforceable under the governing law set forth above.

Further Questions Regarding This Terms of Service and Use

For further assistance, please send Dogs Of Town an email with your specific question(s) set forth in detail to questions@dogsoftown.com. You will receive a prompt reply email.