TERMS & CONDITIONS
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
The Agreement is between you and GetDogProducts or GDP (used herein).
- Our Marketplace Agreement
GDP acts as a marketplace to allow users who comply with GDP’s policies to offer, sell and buy pet related goods within a fixed-price format. Online transactions are made by and between a Seller and a Buyer only. GDP is not directly involved in the transaction between buyers and sellers and shall not be considered as a party. Getdog products.com does not represent Seller or Buyer in any online transaction. Getdogproducts.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any online transaction and/or the ability of either Seller or Buyer to complete any online transaction. As a result, GDP has no control over, is not responsible for and does not guarantee the existence, accuracy, exactness, quality, safety, morality or legality of items listed, the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. You agree that you will not hold ScooperDuper, LLC., Getdogproducts.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any online transactions, including any breach, partial performance or non-performance of the online transaction by the other party to the transaction.
Consequently, GDP does not transfer legal ownership of items from the seller to the buyer.
GDP cannot guarantee the true identity, age, and nationality of a user. GDP encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that GDP is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on GDP. You use GDP’s service at your own risk.
- Membership Eligibility
Age: GDP’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. GDP may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use GDPs services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by GDP’s policies as stated in the Agreement (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by GDP, each of which is incorporated herein by reference and each of which may be updated by GDP from time to time without notice to you
In addition, some services offered by GDP may be subject to additional terms and conditions promulgated by GDP from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
If we believe or discover that you are abusing GDP in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify GDP of any unauthorized use of your password or any breach of security. You also agree that GDP cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than GDP without GDP’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on GDP you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your GDP account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Fees and Billing
Joining and setting up a store on GDP is free. GDP charges a percentage of the sale price when the item sells, also known as a transaction fee. The transaction fee is 8.2% of the item price which includes the typical Stripe payment processing fee. There are no product listing fees.
GDP’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy are effective after GDP provides you with at least fourteen (14) days’ notice by posting the changes on the Site. In the event GDP introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using GDP.
- Listing and Selling
Listing Description: All listings on GDP must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with GDP’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your GDP shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Store Policies: All sellers are urged to outline shop policies for their GDP shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with GDP’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. GDP reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding GDP’s transaction fees, misrepresent the item’s location, or use another user’s account without permission.
- Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding GDP and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on GDP.
The listing and/or selling of animals, pets, live beings and eggs are strictly prohibited on GDP. Pictures, images or representation suggesting the sale of such items are also prohibited.
Restricted Activities: Your Content and your use of GDP shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, GDP’s Copyright and Intellectual Property Policy)
Violate this Agreement, GDP Guidelines, Seller Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Unleash staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Interfere with a seller’s business or shop
Take any action that may undermine online reviews or feedback
Be obscene or contain child pornography, or be deemed offensive, derogatory or insensitive.
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack GDP or modify another website so as to falsely imply that it is associated with GDP;
Appear to create liability for GDP
Posting external links on GDP is strictly prohibited. In addition, using GDP to direct shoppers to another online selling venue or another web location is also not permitted. Violation of this policy may result in account suspension or termination.
This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
- Anti Dog fighting Disclaimer:
GDP strictly prohibits the listing and selling of any products, clothing, photos, training equipment, reading and video material or paraphernalia that either depicts, condones, relates, suggests, insinuates or promotes dog fighting or any cruelty to any animal. GDP reserves the right to remove, terminate and suspend users who violate this policy or are suspected of cruelty against animals.
License: GDP does not claim ownership rights of your Content. You grant GDP a license solely to enable GDP to use any information or Content you supply GDP with, so that GDP is not violating any rights you might have in that Content. You grant GDP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow GDP to store, translate, or reformat your Content on GDP and display your Content on GDP in any way GDP chooses.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another GDP user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for GDP-related communications. GDP has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any GDP user to your email or physical mail list.
Reposting Content: By posting Content on GDP, it is possible for an outside website or a third party to re-post that Content. You agree to hold GDP harmless for any dispute concerning this use. If you choose to display your own GDP-hosted image on another website, the image must provide a link back to its listing page on GDP.
Idea Submissions: GDP considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and GDP shall not be liable for the disclosure or use of such Material. If, at GDP’s request, any member sends Material to improve the site (for example through the Forums or to customer support), GDP will also consider that Material to be non-confidential and non-proprietary and GDP will not be liable for use or disclosure of the Material. Any communication by you to GDP is subject to this Agreement. You hereby grant and agree to grant GDP, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
- Information Control
GDP does not control the Content provided by users that is made available on GDP. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using GDP, you agree to accept such risks and that GDP (and GDP’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on GDP. Please use caution, common sense, and practice safe buying and selling when using GDP.
Other Resources: GDP is not responsible for the availability of outside websites or resources linked to or referenced on the Site. GDP does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that GDP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may use the Services to arrange, host and attend online or in-person meetings or events (“Meetings”) with one or more individuals. Users must comply with GDP’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person.
GDP is not responsible for and does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that GDP does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on GDP may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. GDP IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO GDP; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY GDP, AND GDP HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT GDP IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, GDP USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
- Resolution of Disputes and Release
Disputes with GDP In the event a dispute arises between you and GDP, please contact GDP. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and GDP agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Sidoop encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on GDP, they may choose to participate in GDP’s case system in order to resolve the dispute. Cases are escalated for review and resolution by GDP. GDP provides its dispute resolution process for the benefit of users. GDP does so in GDP’s sole discretion, and GDP has no obligation to resolve disputes between users or between users and outside parties. To the extent that GDP attempts to resolve a dispute, GDP will do so in good faith based solely on GDP’s policies. GDP will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release GDP (and GDP’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- GDP’s Intellectual Property
GDP, and other GDP graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of National Organization Of Professional Pooper Scoopers, LLC. in the U.S. and/or other countries. GDP’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that may cause confusion.
- Access and Interference
Take any action that imposes, or may impose, in GDP’s sole discretion, an unreasonable or disproportionately large load on GDP’s infrastructure
Without limiting any other remedies, GDP may, without notice, and without refunding any fees, delay or immediately remove Content, warn GDP’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
GDP reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on GDP.
- No Warranty
NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC., GDP AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE GDP’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GDP’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GDP SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Liability Limit
IN NO EVENT SHALL NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC, GDP AND (AS APPLICABLE) SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GDP’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC. LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GDP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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 INDEMNIFY AND HOLD NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC, GDP, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- Site Operation
GDP does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside GDP’s control.
- Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any GDP service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on GDPs net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No Agency
You and GDP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. You are not employed by NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC. or GDP.