Last Updated: November 29, 2014
2. Trade names and Trademark Information
Boulder Dog Food Company, LLC owns numerous trade names and trademarks. Without the Company’s prior permission, you agree not to display or use in any manner the logos, trade, product and service names of Boulder Dog Food Company, LLC and Boulder Dog Food Company, LLC d/b/a Boulder Cat Food Company, LLC (collectively, the “Marks”). Other logos, trade, product and service names are the property of their respective owners, as may be indicated on the Website or otherwise.
3. No Resale of Services or Content
4. Proprietary Rights
You acknowledge and agree that the Company’s Website and any software, informational text, content (including but not limited to product descriptions and labels, blog and other informational posts), “look and feel”, layout, graphics, product labels, photographs, audio, video, design, functions, files, documents, images and any other materials, whether publicly posted or privately transmitted, and in each case any derivative works thereof, that are available on or provided by or through or used in connection with the Website (collectively, the "Materials") may contain proprietary and confidential information that is protected by applicable intellectual property, trade secret, trademark and/or other laws.
Certain Materials may be subject to end user license agreements and may require that you first agree to the applicable license agreement terms with the licensor. By using the Website you agree to be bound by the terms of those third party license agreements.
5. Typographical Errors
The content on the Website may contain typographical errors, or other inadvertent errors or inaccuracies. The Company reserves the right to change all Materials (including but not limited to all content, product descriptions, product images, label images, business policies, product and shipping prices, promotions, terms and other information) without any obligation to issue any notice of such changes. In the event a product sold on the Website is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for such product, including if your credit card has already been charged and/or the order confirmed. In the event your credit card has already been charged for an erroneously priced item, the Company will refund the amount of the sale to your credit card.
6. Price and Promotional Changes
The Company’s shipping policies and all prices listed on the Website are subject to change without notice. The Company modifies product prices in connection with special offers that are, by their nature, limited duration offers. The Company will not honor promotional prices that were previously posted on the Website but are not longer in effect.
As a user of the Website and the Services, you consent to the receipt of information and any notices required by law from the Company by means of electronic mail, by posting a general notice on the Website or by other reliable methods using information you have provided to the Company. You may opt-out of receiving electronic mail from the Company by selecting unsubscribe in the applicable email.
8. Links to Other Websites
The Website may include links to other internet sites that are maintained and under the control of third parties (collectively, the “Linked Sites”). The Company provides these links as a convenience and the existence of the links does not imply that the Company endorses any of these Linked Sites. Linked Sites are not under the control of the Company and the Company is not responsible for any of the contents of Linked Sites.
9. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by the Company of that third party or of any product or service provided by such third party. The Company does not endorse, warrant or guarantee any product or service offered by any third party through the Website and will not be a party to in any way liable for or monitor any transaction involving any third party providers of products or services.
10. User Accounts
In the event you register a user account on the Website, you are responsible for protecting your login information (including username and password) from unauthorized use, and you are responsible for all activities that occur on your account (including without limitation any financial obligations). You agree to notify the Company immediately if you believe that your login information has been used without your authorization or is likely to be so used in the future. The Company is not responsible for losses or damages caused by your failure to safeguard your login information.
The Company may terminate or suspend your access to or use of any part of the Website or Services in the Company’s sole discretion, for any reason and at any time, with or without prior notice. You agree that in no event shall the Company or any of its affiliates be liable to you or any third party for any termination of your access to the Website or Services.
11. Resale Policies and Orders
None of the products that are sold on the Company’s retail Website, or through eBay or Amazon.com, are authorized or intended for resale to end-users. The Company reserves the right to refuse to fulfill any order that is placed on the Website, or in response to any of our product listings on eBay or Amazon.com, that the Company believes, in good faith, is part of any transaction in which the Company’s products are being resold to an end-user without the Company’s authorization, whether directly or indirectly.
The Company reserves the right to (i) charge you shipping and any applicable sales taxes for any order of our products that you place with us, and (ii) accept or reject any request for returns or refunds at our sole discretion.
12. Content Submitted by You
The Company does not claim ownership of any materials you submit to the Company or make available through the Website or through any social media accounts (such as Twitter). You hereby grant the Company a perpetual, irrevocable, worldwide, sublicensable (through multiple tiers), royalty-free and non-exclusive license to use, copy, distribute publicly, display, modify, create derivative works of, transfer and sublicense such materials or any part of such materials. You hereby represent and warrant that (i) you have full legal right to grant the Company the license above and (ii) such materials do not contain libelous or otherwise unlawful, abusive or obscene material. The Company will be entitled to use any materials you submit without incurring any obligations of confidentiality, attribution or compensation to you or any of your affiliates, assignees or heirs. You also agree that the Company is free to use, sell and/or disclose any ideas, concepts, know-how or techniques that you send to the Company for any purpose, and for whatever reason, without any compensation to you.
13. Content Submitted by Users
14. Your Conduct
You agree that you will not use the Website or the Services for any purpose that is unlawful or which could interfere with or impair the operation and functionality of the Website or the Company’s business. You further agree that, when using the Website and Services, you will refrain from emailing, posting or otherwise transmitting: copyrighted material of which you are not the copyright owner; information that will breach applicable laws or regulations, including data protection or privacy laws; information that is in furtherance of any unlawful purpose or conduct or activity including, but not limited to, fraud, embezzlement or money laundering; reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous; material which is damaging, threatening, abusive, harassing, discriminatory or defamatory in nature or which another user of the Website may find objectionable; viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing); or content that you do not have the right to submit under any law or which would put you in breach of a contractual or fiduciary obligation (for example, confidential information learned or acquired during the course of your employment with another party or information that would infringe confidentiality rights).
As a further condition of your use of the Website, you agree that you will not: impersonate any entity or organization or misrepresent your affiliation with any person or organization; access the Website through automated methods (it being understood that the Website may only be used or accessed through an electronic device through manual control at all times); or advertise, sell, offer to sell or buy goods or services or engage in solicitation or promotional activity, except in those areas of the Website that have been specifically designated for such purposes.
In addition to the above, you agree that you are bound by, and will comply with, all local laws, regulations and rules to which you are subject and which regulate your use of the Internet.
15. Prohibited Behavior and Other Offenses
You must not, and agree not to, do any of the following: attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; take any action that imposes an unreasonably or disproportionately large load on the Website’s infrastructure; use any device, software, routine or subroutine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third-party web browsers (e.g., Google Chrome and Microsoft Internet Explorer); and attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Website or the Materials.
By breaching this provision, you may commit a criminal offense under applicable laws. The Company will report any such breach to the relevant law enforcement authorities and the Company will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, made available on or through it or on any website linked to it.
16. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent with the following information:
• identification of the copyrighted work claimed to have been infringed;
• identification of the allegedly infringing material on the Website that is requested to be removed;
• your name, address, and daytime telephone number, and an email address if available, so that the Company may contact you if necessary;
• a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
• an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
The Company’s Copyright Agent for notice of claims of copyright infringement can be reached at firstname.lastname@example.org. The Company will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
17. INFORMATION THE COMPANY PROVIDES THROUGH THE WEBSITE
BY USING THE COMPANY’S WEBSITE, YOU ACCEPT ALL INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, MEMBERS, AGENTS, PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, IMPROPER DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. THE MATERIAL DISPLAYED ON THE COMPANY’S WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, MEMBERS, AGENTS, PROVIDERS, SUPPLIERS AND LICENSORS, AND ANY OTHER THIRD PARTIES CONNECTED TO THE COMPANY, WHETHER DIRECTLY OR INDIRECTLY, HEREBY EXPRESSLY EXCLUDE AND DISCLAIM:
• ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND
• ANY LIABILITY FOR ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECULATIVE OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER OR ANY PERSON OR ENTITY AFFILIATED WITH OR CONNECTED TO OR ACTING IN CONJUNCTION WITH ANY USER IN CONNECTION WITH THE COMPANY’S WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE COMPANY’S WEBSITE, ANY WEBSITES OR DATABASES LINKED TO IT AND ANY MATERIALS POSTED ON OR OTHERWISE MADE AVAILABLE THROUGH IT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR: LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS OR OPPORTUNITY; LOSS OF ANTICIPATED SAVINGS; LOSS OF USE; BUSINESS INTERRUPTION; LOSS OF DATA; LOSS OF GOODWILL; WASTED MANAGEMENT OR OFFICE TIME; OR FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, MEMBERS, EMPLOYEES, AGENTS, PROVIDERS, SUPPLIERS OR LICENSORS REPRESENTS OR WARRANTS: THAT ACCESS TO THE WEBSITE, THE MATERIALS AND/OR ANY INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE COMPANY HAS ADEQUATE INVENTORY TO FULFILLYOUR ORDER; THAT THE COMPANY WILL BE OBLIGATED TO FULFILL ANY ORDER FOR ITS PRODUCTS THAT YOU PLACE THROUGH THE WEBSITE OR USING THE SERVICES; OR THAT YOUR ORDER WILL BE DELIVERED WITHIN THE DELIVERY TIME OR ESTIMATED DELIVERY TIME INDICATED BY THE COMPANY. FURTHER, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, MEMBERS, AGENTS, PROVIDERS, SUPPLIERS AND LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE, THE CONTENT ON THE WEBSITE OR THE SERVICES OR THE MATERIALS OR OTHERWISE.
You expressly agree that your use of the Website and your reliance upon the Services and/or the Materials and information made available on or through the Website, as applicable, is at your sole risk. In addition, none of the Company nor any of its affiliates, members, employees, agents, providers, suppliers or licensors is responsible and none of them makes any representations or warranties for the delivery of any messages (such as emails and other user generated content) sent through the Website to anyone.
In addition, you acknowledge and agree that the Company does not and will not provide tax or legal advice to you. You are solely responsible for obtaining such advice at your sole cost and expense from another person or entity.
19. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, THE INFORMATION, THE SERVICES OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE INFORMATION, THE SERVICES AND THE MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ANY OF ITS MEMBERS, PARTNERS, COUNSEL, AFFILIATES, EMPLOYEES, LICENSORS, SERVICE PROVIDERS OR AGENTS BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, OR ANY CONTENT OR INFORMATION MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, SPECULATIVE OR FORESEEABLE, INCURRED AS A RESULT OF, OR RELATED TO, ANY USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, OR THE CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Company, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Website or any content or Materials used or displayed through the Website.
22. Jurisdiction and Applicable Law
25. Your Concerns
If you have any concerns about the material which appears on the Website, please contact the Company at email@example.com or at the following address: Boulder Dog Food Company, LLC, P.O. Box 4417, Boulder, Colorado 80306-4417.
26. No Legal or Veterinary Advice or Services
The Company does not provide any legal, tax or accounting advice. The protection of a client-lawyer relationship does not exist with respect to the Company’s Services. Nothing on the Website is intended to create, and nothing does or will create, a client-lawyer or other client relationship with you. The Company does not provide any veterinary services. None of the information provided on the Website, including any information provided on or through the Website or in the Company’s newsletter, constitutes or is to be construed as veterinary advice or a substitute for advice from a qualified veterinarian.
Any information you convey to the Company over the Internet or through the Website may not be secure, and such information is not subject to any privilege and may not be confidential.
Thank you for visiting the Company’s Website.