TERMS AND CONDITIONS GOVERNING YOUR USE OF HAPPYDOGBOX.COM
These terms and conditions govern every aspect of the relationship between you and HappyDogBox.com (referred to herein as “the Company”, “we” or “us”). As used herein, the terms “you,” “your” and “yourself” shall mean collectively you, your successors and assigns, agents, representatives, and any individuals ordering on your behalf.
1. WEBSITE CONTENT
A. Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
B. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
C. You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
A. By enrolling in the Company’s program described herein, establishing an account with us (“Enrollment”), and agreeing to accept our packages of dog-related products sent periodically to you (“our Service”), you agree to these Terms and Conditions, forming a legally binding contract with us which controls your use of our Service and the Company website (the “Website”). Enrollment is a fee-based, automatically renewing membership program. Unless you cancel your membership, the then-current renewal monthly membership fee will be charged to the valid credit card on file in your account. You can update credit card information at any time by going to My Account or by calling our Customer Service Department.
BY ENROLLING, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON A 1,3 or 6 MONTH BASIS (“BILLING CYCLE”) DEPENDING ON WHAT PLAN YOU CHOSE. YOU HEREBY AUTHORIZE US TO CHARGE YOUR CREDIT CARD EACH BILLING CYCLE AT THE THEN-CURRENT MEMBERSHIP FEE. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS HEREIN. YOUR SAME CREDIT CARD ON FILE OR THAT YOU USED TO ENROLL INITIALLY WILL BE AUTOMATICALLY CHARGED EACH BILLING CYCLE, UNLESS YOU CANCEL YOUR MEMBERSHIP OR YOU DESIGNATE AN ALTERNATIVE CARD IN YOUR MEMBERSHIP ACCOUNT PRIOR TO YOUR BILLING DATE. YOUR MEMBERSHIP IS CONDITIONAL UPON RECEIPT OF PAYMENT. IF PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD OR IF PAYMENT IS NOT RECEIVED FOR ANY REASON, INCLUDING CHARGEBACK, WE RESERVE THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE, EITHER SUSPEND OR TERMINATE YOUR MEMBERSHIP AND IS NOT OBLIGATED TO SHIP YOUR ORDER. YOU ARE REQUIRED TO PAY ANY AMOUNTS STILL OWED TO AT THE TIME YOUR ACCOUNT IS SUSPENDED OR TERMINATED. EXCEPT WHERE PROSCRIBED BY LAW, YOU AGREE THAT WE ARE NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES OR OTHER NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. NOTWITHSTANDING WE CANNOT BE HELD RESPONSIBLE FOR ANY OVERDRAFT FEES THAT MAY BE INCURRED AS A RESULT OF THE AUTO-RENEWING SUBSCRIPTION YOU ARE AGREEING TO TODAY.
B. Upon Enrollment, you will complete our enrollment form and, if requested, also provide other information that will assist us to fulfill your orders and your expectations. We will use such information to fulfill your periodic orders and we may use such information in order to present you with opportunities for additional products that we feel may be of interest to you. As an enrolled user of the Website, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
C. You will also register a credit card and authorize us to charge all amounts billed to you under this Agreement to such credit card, and such registration of a credit card constitutes your authorization to charge such amounts to your credit card and otherwise constitutes your promise to pay for items purchased from the Website. You understand that by enrolling in our Service, you are signing up for a subscription and not a one-time charge. Your card will be charged upon Enrollment, which may be prior to the date of shipment of your first box. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Products.
D. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant the Company the right to store and process your information with the third party payment service, which it may change from time to time; you agree that the Company will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is attached as a link at https://stripe.com/us/terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
3. PAYMENT AND REFUND TERMS
A. Upon Enrollment, the Company will send shipments to you on a monthly basis. You recognize and acknowledge that it is impossible for the value of the Company’s shipments to exactly equal the approximate value you have paid and your order from the Company signifies your understanding and assent that although the Company will always strive to offer more value in the shipment than you have paid, the value of such shipment may be more or less than the value that you have paid.
B. You may cancel your membership at any time. Any cancellation of membership will be effective immediately as to all products not yet billed to your account as of the date and time of the cancellation. Products already billed but not sent as of the date and time of the cancellation will be sent as previously scheduled and cannot be refunded. THERE IS NO PRORATA REFUND OR CREDIT FOR CANCELLATIONS WITHIN A BILLING CYCLE. For example, if you cancel a 6 month membership in the 3rd month, you will not be refunded or credited for the remaining 3 months, however your membership will not be automatically renewed at the end of the 6 month billing cycle.
C. The Company may change its prices from time to time. Such price changes will be effective upon the end of the term for which you have enrolled, and no price changes will be effective for any term already begun.
D. There is a limit of two (2) promotional boxes per household, meaning that no greater than two (2) below-price or initial boxes will be sent to users having the same address, even if there are greater than two users at that address. The Company reserves the right to charge the full price for any additional promotional boxes requested at such address.
E. Your use of the Website is your acknowledgement that you have enrolled to receive dog-related products that are unknown to you at the time of ordering and receipt by you. The refund and return of any shipments other than your first shipment is entirely in the discretion of the Company. By agreeing to these Terms and Conditions, you acknowledge and agree that you understand our refund and credit policy.
F. You may be charged local sales tax or VAT, if applicable.
4. USE OF THE WEBSITE
A. We reserve the right to disclose your information to our service providers, law enforcement, or government agencies, or in responding to a formal request, such as a judicial proceeding, subpoena, or court order as we, in our sole discretion deem appropriate. In the event of a sale, merger, or acquisition of some or all of the Company’s assets, your order may be fulfilled by another provider. We may also share aggregated information about users of the Website with third parties.
B. We own the Website Content, including but not limited to visual interfaces, interactive features, graphics, design compilation, computer code, products, software, Consumer Content, and all other elements and components of our Service and the Website and the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Company, the Website and our Service. You represent and warrant that you are enrolling in our program for the sole purpose of obtaining the products offered therein in accordance with these Terms and Conditions, that we have not previously banned you from use of our Service or the Website and that you will not attempt to circumvent access restrictions, duplicate, create derivatives or reverse engineer the Company’s confidential information, proprietary technology, system or software or any of the Website Content or our Service.
C. By your use of the Website you agree that you will not interfere with the security of the Website, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website, and you agree to indemnify the Company for any breach by you of this provision.
5. MEMBERSHIP CANCELLATIONS
A. We work hard to make your membership satisfying; however, you may cancel your Membership at any time through the account page on the Website. You will still receive any boxes that you have already paid for, but your subscription will not be renewed when it expires. You must cancel before the 7th of the month (11:59pm Pacific on the 6th) of the last month of your billing cycle. IF YOU DO NOT CANCEL PRIOR TO THE 7TH OF THE MONTH OF THE LAST MONTH OF YOUR BILLING CYCLE, YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AND YOUR CREDIT CARD WILL BE CHARGED FOR A MEMBERSHIP RENEWAL.
B. We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, or for any lawful reason in our discretion.
6. INTELLECTUAL PROPERTY
A. Unless otherwise noted, all Content contained on this Website is the property of the Company and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
B. We do not claim ownership of Content submitted by users without compensation by the Company and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
C. If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. You may send such a request to firstname.lastname@example.org. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
D. This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from the Company, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
7. YOUR REPRESENTATIONS AND AGREEMENTS
Your use of the Website is premised on your agreement with the following representations:
A. You agree to comply at all times with Federal, state and local laws respecting the use of this Website.
B. You represent that you are 18 years or older and can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
C. USE OF ALL PRODUCTS RECEIVED FROM THE WEBSITE IS EXCLUSIVELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, PARTNERS, EMPLOYEES, AGENTS AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES") FROM AND AGAINST ALL CLAIMS, LIENS, DAMAGES, LIABILITIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY INFRINGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, DECEPTIVE BUSINESS PRACTICES, FRAUD, VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, AND ATTORNEYS’ FEES AND COURT COSTS RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS ORDERED AND RECEIVED AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR THE PRODUCTS ORDERED THEREFROM WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANY OF THE INDEMNIFIED PARTIES. WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS RECEIVED OR PURCHASED FROM THE WEBSITE. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE PRODUCTS THAT YOU HAVE RECEIVED FROM US DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
D. OUR PRODUCTS ARE PROVIDED TO YOU “AS IS” AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
E. ALL IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS, SERVICES OR TECHNOLOGIES, OR NEW PRODUCT NAMES SUBMITTED TO THE COMPANY, REGARDLESS WHETHER OR NOT SOLICITED BY IT, WILL BE CONSIDERED THE PROPERTY OF THE COMPANY, WHICH EXPRESSLY DENIES AND REJECTS ANY EXPECTATION OF CONFIDENTIALITY ON ITS PART WITH THE PERSON OR PARTY, INCLUDING THE AGENT(S) OF THE PERSON OR PARTY, SUBMITTING THE IDEA. SUBMITTING ANY SUCH IDEA OR INFORMATION TO THE COMPANY THROUGH THE WEBSITE OR VIA E-MAIL OR BY ANY OTHER MEANS RELEASES THE COMPANY FROM ANY AND ALL OBLIGATION(S) CONCERNING SUCH INFORMATION INCLUDING THE OBLIGATION TO TREAT THE IDEA OR INFORMATION AS CONFIDENTIAL. THE COMPANY MAY USE, DISCLOSE, DISTRIBUTE OR COPY THE IDEA OR INFORMATION AND MAY USE ANY IDEAS, CONCEPTS OR KNOW-HOW CONTAINED IN THE INFORMATION FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR YOUR AGENTS. BY SUBMITTING ANY IDEA OR INFORMATION TO THE COMPANY, THE PARTY SO SUBMITTING IT EXPRESSLY ASSURES THE COMPANY THAT THE INFORMATION IS TRUTHFUL, INDEMNIFIES THE COMPANY AGAINST ANY ILLEGAL USE OF THE IDEA OR INFORMATION, AND ASSURES THE COMPANY THAT DISCLOSURE OF THE INFORMATION DOES NOT VIOLATE THE LEGAL RIGHTS OF OTHERS.
F. We may amend the terms of these Terms and Conditions from time to time and we are under no obligation to notify you such change. You understand and agree that your continued use of the Website and/or receipt of the products ordered therefrom after the effective date of any amendment indicates your acceptance of the amended Terms and Conditions. Unless otherwise provided herein, any and all notifications required to be provided under these Terms and Conditions shall be solely delivered via email.
G. If your use of this Website terminates or expires, these Terms and Conditions shall survive with respect to any previous use of the website and/or products ordered therefrom.
H. You agree to be liable for any and all reasonable attorneys’ fees and costs that the Company incurs as a result of taking any legal action to enforce these Terms and Conditions against you, which action shall be governed exclusively by the laws of the State of California. You hereby consent and agree that San Francisco, California is the exclusive forum for litigation of any claim by your arising hereunder, and you submit to exclusive jurisdiction in the State of California and waive any right to bring a cause of action in any forum outside of San Francisco, California. If any provision of these Terms and Conditions is deemed by a court or other authority of competent jurisdiction to be illegal, invalid or in conflict with any Federal or state or local law or regulation, that law or regulation shall supersede and control and any provision herein found to be illegal, invalid or in conflict shall not be enforceable.
You should print out and keep a copy of this Agreement for your records.